33 Petroleum
| Author | Ralph Hone |
| Pages | #1 |
CHAPTER 33.
PETROLEUM.
ARRANGEMENT OF SECTIONS.
SECTION.
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SHORT TITLE.
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INTERPRETATION.
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VESTING OF RIGHTS TO PETROLEUM IN GOVERNMENT.
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APPOINTMENT OF BOARD.
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LICENCES.
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EXPLORING, ETC., EXCEPTED IN NEW PROVIDENCE.
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GOVERNOR TO GRANT LICENCES, ETC.
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GOVERNOR'S RIGHT TO APPOINT DIRECTOR.
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PROVISIONS AS TO EMPLOYEES.
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LICENCES, ETC., ONLY GRANTED TO COMPANIES.
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ASSIGNMENT OF LICENCE, ETC.
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AREAS.
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ROYALTIES.
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ANCILLARY RIGHTS.
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APPLICATIONS FOR ANCILLARY RIGHTS.
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MINISTER TO CONSIDER THE APPLICATION.
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PARTIES AND COUNSEL MAY BE HEARD.
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GRANT OF AN ANCILLARY RIGHT.
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COMPENSATION OR CONSIDERATION.
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ASSESSMENT OF COMPENSATION, ETC.
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EFFECT OF RIGHTS.
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PROVISION AS TO TENANT FOR LIFE, ETC.
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HIGH WATER MARK LINE.
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ERECTION OF SURVEY MARKS, ETC.
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ILLUMINATION OF INSTALLATIONS.
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POLLUTION.
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EXEMPTION FROM DUTY.
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REGULATIONS.
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SAVING OF CERTAIN OIL EXPLORATION LICENCES.
CHAPTER 33.
PETROLEUM.
AN ACT TO VEST IN THE GOVERNMENT OF THE COLONY 1 of 1945.
THE PROPERTY IN PETROLEUM AND NATURAL GAS 9 of 1947.
WITHIN THE COLONY AND TO MAKE PROVISION 17 of 1954.
39 of 1957.
WITH RESPECT TO THE SEARCHING AND BORING FOR 64 of 1963.
AND GETTING OF PETROLEUM AND NATURAL GAS 43 of 1964.
AND FOR THE PURPOSES CONNECTED WITH THE 46 of 1964.
MATTERS AFORESAID.
[3rd April 1945.1 [Commencement 30th May 1945.1
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This Act may be cited as The Petroleum Act. Short title.
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In this Act, unless the context otherwise Interpretation.
requires'alienated land' means land the oil rights in which are vested in the Government under this Act but the surface of which has been alienated by the Crown at any time whether such surface has revested in the Crown or not;
'Board' means the Board established under this Act;
'British subject' shall be deemed to include a person under Her Majesty's protection;
'casinghead petroleum spirit' means any liquid hydrocarbons obtained from natural gas (before the crude oil from which it is derived has been measured for royalty) by separation or by any chemical or physical process;
'crude oil' means oil in its natural state before the same has been refined or otherwise treated but excluding water and foreign substance;
'Government' means the Government of the Colony;
'land' means land other than a submarine area but includes all marshes and lands underlying all lakes and also all coastal marine swamp lands and lands underlying all bodies of water 64 of 1963, s. 2.
connected with the sea and extending inland;
'lessee' means a company to whom a lease under this Act is granted and its assigns;
'licensee' means a company to which a licence under this Act is granted and its assigns;
'Minister' means the Minister charged with the responsibility for the administration of this Act;
'natural gas' means any gas obtained from boreholes and wells and consisting primarily of hydrocarbons;
'New Providence' means and includes the Island of New Providence and the islands and cays known as Athol Island, Gaulding Cay, Paradise Island, Long Cay, North Cay, Rose Island, Salt Cay, Sandy Cay and Silver Cay;
'petroleum' includes any mineral oil or relative hydrocarbon and natural gas existing in its natural condition in strata and bitumen and asphalt but does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation;
'prescribed' means prescribed by this Act or by the regulations to be made thereunder;
'submarine area' means land underlying the sea waters below high water mark.
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Notwithstanding anything to the contrary in any Act or law contained or the prerogative of the Crown or any grant or lease from the Crown the property in all petroleum is and shall be deemed always to have been vested in the Government to which shall be paid by deposit with the Treasurer all fees, rents and royalties payable under this Act.
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-(1) The Governor may appoint annually a Board to be called the Petroleum Board which shall consist of such number of members, not being less than five, as the Governor may from time to time decide.
The members of the Board shall be appointed by the Governor by notice in the Gazette; they shall hold office at the Governor's pleasure and subject to this Vesting of rights to petroleum in Government Appointment of Board.
64 of 1963, s. 3.
shall hold office for one year save that where a person is appointed during a year to fill a casual vacancy, he shall hold office until the end of that year:
Provided that no person shall be qualified to be appointed or to hold office as a member of the Board if he is(a) a member of either House of the Legislature; or (b) a member of the public service.
(2) In the exercise of his powers and duties under the provisions of this Act, the Minister may consult with the Board from time to time as he shall think fit, but he shall not be bound to act upon the advice of the Board in any matter. Subject to this, the relationship between the Minister and the Board and the manner in which the business of the Board shall be conducted may be regulated from time to time by the Governor by directions in writing or by notice in the Gazette.
(3) In the exercise of his powers under this section, the Governor shall act on the advice of the Premier.
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No person shall explore or prospect for petroleum or commence any mining operations in connection therewith in any land or submarine area except under a licence,or lease to be granted under the provisions of this Act.
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No licence to explore or prospect for petroleum and no lease to commence any mining operations in connection therewith shall be granted in respect of New Providence or the land underlying the sea within four miles thereof except with the consent of the Legislature signified by resolutions of both Houses thereof.
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-(1) All applications for oil exploration licences and oil prospecting licences with respect to any land and submarine area shall be made to the Minister for...
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