3
DRAFT ORDINANCE.
PUBLIC RECORD OFFICE
Reference :-
PELLCO. 885
24 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE
BE REPRODUCED PHOTOGRAPHIC-|
COPYRIGHT PHOTOGRAPH-NOT TO
PART I. PRELIMINARY.
1. This Ordinance may be cited as the Qil Mining Ordinance, 19
·
2. In this Ordinance unless the context otherwise requires— "Oil "
means mineral oil or petroleum and shall include natural
gas arising from such oil, bitumen, asphalt, and other bituminous substances whether in a liquid or a solid state, with the exception of coal and lignite.
"Crude oil" means oil which is the natural produce of the wells or springs of oil before the same has been refined or otherwise treated except for the removal of foreign substances.
"Net crude oil" means the quantity of crude oil won by a licensee or lessee în respect of which royalty is payable under the provisions of the Ordinance.
"Products" means any part of such crude oil which is obtained by any process of separation and shall include oil fuel.
"Oil fuel" means that product of the crude oil of which the flash point shall not be lower than that specified in the Admiralty specification set forth in a lease, or if no flash point is so specified then not lower than 150° Fahrenheit close test (Abel or Pensky- Martens).
"Admiralty" means the Lord High Admiral of the United Kingdom for the time being, or the Commissioners for the time being for executing the office of the Lord High Admiral of the United Kingdom.
"
Admiralty specification " means the specification which for the time being is in use by the Admiralty in connection with the supply of oil fuel; provided that, when a licence or lease has been granted or agreed to be granted by the Governor, the term Admiralty specification as used in that licence or lease shall mean the specification set forth in such licence or lease, so that in so far as the particular licence or lease is concerned such specification shall not be changed without the consent both of the Admiralty and of the licensee or lessee, as the case may be.
"Land"
11
or lands means land subject to this Ordinance and includes land which forms the bed of any river, stream, lake, or swamp, and lund under the sea within the territorial waters of the Colony.
"Prospect means to search or seek for oil and to win oil by drilling or otherwise, so far as the winning of such oil is subservient to the purpose of prospecting (and is not carried on as a commercial business for purposes of immediate profit) but does not exclude the sale for profit of oil so won up to a limit of quantity to be fixed by the Governor.
"
Explore" means to seek or search for oil without attempting to win oil, but does
not exclude the taking of samples of oil from the land explored.
11
"Exploration licence) means a licence to explore for oil.
"Prospecting licence" means a licence to prospect for oil.
"Licence" shall include both exploration licence and prospecting licence.
"Licensee" shall mean the holder of an exploration licence or of a prospecting licence, as the case may be.
13
"Lease "Lessee 15
Ordinance.
means a mineral oil lease granted in pursuance of this Ordinance.
means the lessee of a mineral oil lease granted in pursuance of this
"Arbitration
11
means arbitration according to the law of the Colony for the time
being in force with regard to arbitration.
"Foreigner
17
means any person who is not a British subject; and "foreign corporation means any corporation other than a corporation established under and subject to the laws of some part of His Majesty's dominions and having its principal place of business in those dominions.
11
"Prescribed means prescribed by the Governor by any regulation made under this
Ordinance.
Short
Title.
Defini-
tions.
3. No person shall explore or prospect on any land subject to this Ordinance or win Oll not to or attempt to win oil without the consent of the Governor in writing. Any person he won guilty of a breach of this section shall be liable to a penalty not exceeding
(3158-2.) Wt. 16650-G 397. 100. D & S. GL
without consent of Governor.
Page 420Page 421
PUBLIC RECORD OFFICE
Reference :-
REPELL CO. 885
24 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
Governor
- may ex-
clude.
(Gold Coast Con- cessions Ordinance, Bection 3,
with ad-
ditions.)
Applica-
-tion of
Ordinance.
Governor
licences or leases,
4
4. The Governor in Council may from time to time by notification published in the Gazette-
(i) exclude from the operation of all or any of the provisions of this Ordinance excepting sections 3, and including any regulations made under such provisions, any portion of the Colony or any specified lands or class of lands in any portion or in the whole of the Colony;
(ii) prohibit exploring and prospecting for oil and winning oil in any portion of
the Colony or any specified lands or class of lands so excluded; (iii) cancel or vary any such notification.
5. Subject to the provisions of section 4, this Ordinance shall apply to all the lands in the Colony,
may
6. Subject to the provisions of this Ordinance and of any regulations made there- may grant under the Governor may grant exploration and prospecting licences and mineral oil
leases in respect of any lands, and
also lease to any lessee so much of the surface of any such lands as it may be necessary or expedient for the lessee to occupy for the purpose of winning oil. Licences and leases shall be in the prescribed form and may contain such additional provisions, conditions, or restrictions as the Governor may on each occasion determine.
Assign-
ment.
Explora- tion licence.
7. No licence or lease and no right, privilege, or interest thereunder shall be underlet, assigned, or transferred without the consent of the Governor in writing.
PART II. EXPLORATION AND PROSPECTING LICENCES,
8. Subject as hereinafter provided, an exploration licence shall entitle the licensee to enter upon any lands specified therein and to explore the surface of such lands for oil, (Trinidad and for that purpose to cut down and fell timber and to dig and turn up the surface of
the land to a depth not exceeding that fixed in the licence.
model in Cd. 6861.) Period of
explora-
tion
licence. (Trinidad,
Cd. 6861). Land in occupation (Trinidad, Cd. 6861).
(Trinidad practice, See Cd. 6861)
prospect- ing
licence.
(Trinidad
model,
1914)
Period of
prospect- ing
9. An exploration licence shall be granted for the period of twelve calendar months from the date thereof, and may be renewed by the Governor for a further period of twelve calendar months, if he shall think fit.
10. As regards any land the subject of an exploration licence which is for the time
other person,
the licensee- being lawfully occupied by any
(i) shall not dig or disturb the surface of any land specified therein within a distance of fifty feet from any building or out-house, hut, or structure, or cut down or fell timber
any
;
(ii) and shall as soon as conveniently may be fill up any hole dug by him, and as far as possible restore the surface of the land to its condition prior to such digging.
11. An exploration licence may be exclusive or not exclusive, as the Governor shall in each case determine.
12. A prospecting licence shall give the licensee the exclusive right to prospect for
oil on the lands specified therein, and for that purpose-
(i) to clear undergrowth and brushwood;
(ii) to make necessary roads;
(iii) to erect buildings, structures, engines and machinery ; and,
(iv) with the consent of the Governor in writing previously obtained, to make
and use any drain or watercourse.
13. A prospecting licence shall be granted for the period of two years from the date thereof and may be renewed by the Governor for a further period or further periods not exceeding two additional years in all if he shall think fit, upon good cause for renewal (Trinidad, being shown to his satisfaction by the licensee.
licence.
Čd. 6861.) Skilful
work.
(Trinidad
model,
1914.)
Weighing oil. (Trinidad mode}, 1914).
14. The licensee shall carry on the operations licensed by a prospecting licence in a skilful and workmanlike manner and with as little damage as possible to the surface of the land and to any trees, crops, buildings, structures, or other property thereon.
15. The licensee shall provide such apparatus for weighing or measuring the oil won under a prospecting licence as inay be specified in the licence or prescribed, or, if no such apparatus is specified in the licence or prescribed, such apparatus as may from time to time be required by the Governor.
5
16. The provisions of this Ordinance with reference to payment of royalties on oil Royalty. won, or natural gas won and sold under a lease, shall apply to oil won and natural gas won and sold under a prospecting licerice, but the Governor shall have no right to call for royalty in kind on oil won under a prospecting licence.
chinery,
17. The licensee shall upon the expiration or sooner determination of a prospecting Removal licence, or upon the abandonment of his undertaking, whichever shall first occur, with all of ma convenient speed remove all buildings, structures, engines, machinery, and other property &c. and effects erected or brought by him upon the land, except all such wells, tubes, casings (Trinidad or linings, and works of a similar nature above or below ground as the Governor may model, require to be left.
1914.)
18. The licensee shall within six months after the expiration or sooner determina- Plugging tion of a prospecting licence or the date of abandonment of his undertaking, which- of weldad (Trinidad ever shall first occur, securely plug all hores and restore so far as may be to their natural
model, or original condition the surface of the land and all buildings or structures thereon which 1914.) may have been damaged in the course of prospecting. The licensee shall during the period above mentioned have power to enter upon the land for the purposes aforesaid.
19. The Governor may insert in any prospecting licence conditions requiring the Conditions as to work- (i) with all reasonable diligence and despatch to commence and thereafter to carry (See
ing, &c. on prospecting;
Trinidad
licensee-
(ii) to carry out within the period of the licence a specified amount of drilling and model,
other prospecting work;
1914.)
(ii) to maintain in and upon the land specified in any licence a prescribed number of bore-masters, workmen, drilling rigs, and other appliances, and to employ the same in prospecting with all reasonable diligence and despatch;
(iv) to prospect any portion of the land specified in the prospecting licence for the purchase or lease of which the Governor has received an application from any other person;
(v) to erect and maintain suitable boundary marks;
(vi) to label correctly and preserve for reference samples of the strata encountered and samples of any oil found, and to allow the Governor or his representa- tive to have access to the same at all reasonable times and to call for and remove one-half of any such samples;
(vii) to keep complete and accurate logs, measurements, and records of any operations under a prospecting licence, and to afford the Governor or any person authorised by him all reasonable facilities for inspecting and ascertaining the correctness of the same.
tion for
20. A licensee shall pay reasonable compensation for all damage or injury to Compensa- property which may be done in the exercise of the powers conferred upon him by a damage. licence. In default of agreement the above compensation shall be determined by Trinidad arbitration.
model, 1914: poe also Cd. 6861.)
22. The Governor in Council may make and may from time to time vary or cancel Regula- regulations prescribing the fees to be paid on the issue of licences and on any renewal of the same.
21. The Governor shall have full power at all times to enter upon, and to grant to Power of any other persons liberty to enter upon, lands specified in any licence for any purpose served. (See other than the purpose for which any exclusive licence was granted.
entry re-
Trinidad,
model, 1914.)
tions.
PART III. LEASES.
23. A lease shall be granted for such period not exceeding fifty years from the date Period of thereof as the Governor may in each case determine, and may or may not be granted with lease. the right of renewal upon the same or any other terms for a further period not exceeding (Bee Cd.
6861.) thirty years.
24. A lease shall not, save as this Ordinance expressly provides, confer upon the lessee Rights any right in or over the surface of the land specified in the lease, but shall confer on him conferred the following rights only, that is to say, the right to enter upon the lands specified therein (Trinidad for the purpose of winning oil, and for that purpose as regards any part of such lands-
by lease.
model,
(a) to bore, dig, sink, drive, make, repair and use all such boreholes, pits, shafts, Part ii,
drifts, levels, excavations, waterways and other works as may be necessary Sections or proper for the purpose of searching for and winning oil; (b) subject to the approval of the Governor, to appropriate and use for (Natural
purpose connected with the borings or works connected therewith the water
1914,
any
1-8.)
gas in-
5458
A B
cluded by definition.)