CO885-24 — Page 424

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

24 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC. | COPYRIGHT PHOTOGRAPH—NOT TO

In a state of amer.

ency losses to in-

erasse supply of oil.

Powers of the Governor in case of war.

(Trinidad

model, 1914.

Part vii..

Section 16.)

Agent and до-

model, 1914.

17.)

10

44.-(i) On the occasion of a state of emergency, of which the Governor shall be the sole judge, a lessee shall use his utmost endeavours to increase the supply of the oil or products thereof for the Government to the extent required by the Governor.

(ii) In the event of war or on the occasion of a state of emergency, of which the Governor shall be the sole judge, the Governor may take control of the works plant and premises of a lessee, and the lessee shall conform to and obey all directions issued by the Governor or on his behalf. (iii) Compensation shall be paid to the lessee for any loss or damage that may be proved to have been sustained by him by reason of the exercise by the Governor of the powers conferred by sub-sections (i) and (ii) of this section. Any such compensation shall be settled by agreement between the Governor and the lessee or, in default of agreement, by arbitration in manner provided by the last preceding clause. (iv) Any person guilty of a breach of sub-sections (1) and (ii) of this section

shall be liable to a penalty not exceeding

4

45. A lessee shall at all times have on the lands specified in his lease or at some tices. (Trinidad other place in the Colony approved by the Governor for the purpose an office with a Part vii., Section duly accredited agent at which and on whom all notices may be served, and to whom all communications under this Ordinance or any regulations made thereunder may be made. If there shall not at any time be such an agent on the premises all notices may be served and all communications made to any other person who may be found at the said office. In the case of there being no such other person as aforesaid then the affixing of such notice upon some conspicuous portion of the lessee's premises shall be deemed to be good and effectual service thereof.

Lessee to pay com- pensation for injury to third parties. (Trinidad model, 1914. Part vii., Section 18.) Lessee to deliver up boring, &c., in good order. (Trinidad model, 1914. Part vii, Section 19.)

Power to remove works, &c. (Trinidad model, 1914. Part viii., Section 3.)

dis-

Power of tress. (Trinidad model, 1914.

1.)

46. A lessee shall make and pay reasonable satisfaction and compensation for all injury which may be done by him, his agents, and servants in exercise of the liberties and powers granted by his lease to the property and rights of other parties.

47. A lessee shall, save in respect of any operations of which the Governor shall have sanctioned the abandonment, at the end or sooner determination of his lease deliver up to the Governor in good order, repair, and condition and fit for further working all productive wells or borings which shall have been made by the lessee under his lease together with all engines, linings, casings, and fixtures below ground level which cannot be moved without causing injury to the said borings. except borings or other works which shall have been abandoned or disused in the ordinary and fair course of working of the said borings and premises.

48. Subject to the provisions of Section 47 a lessee shall be entitled at any time or times within six calendar months after the determination of his lease, whether by effluxion of time or otherwise, to enter upon the lands specified therein or any part thereof for the purpose of taking down, removing and disposing of, for his own use and benefit, all the machinery, utensils, implements, articles and things set up and used in and about the working of the borings and all refineries, ovens, stills, kilns, sheds, huts, railways, tramways, pipe lines, and other works (except buildings and erections of brick or stone) erected and then standing upon any of the said lands for the purpose of working the said lands in accordance with the lease, unless the Governor shall be desirous of purchasing the same or any of them in pursuance of the provisions of this Ordinance.

49. If the rents or royalties payable under a licence or lease, or any part thereof, shall at time be unpaid for the space of two calendar months next after any of

any Part i., Section the days whereon the same ought to be paid, the Governor may enter into and upon the lands which shall for the time being be possessed or occupied by the licensee or lessee and may distrain all or any of the stock of crude oil, refined products. engines, plant, live and dead stock, and things which shall be found in or upon the same premises, and may remove and detain until the rent or royalty which shall be due, and all costs and expenses occasioned by the non-payment thereof shall be fully paid and satisfied.

Proviso for

50. Subject to Section 67 of this Ordinance, if at the end or sooner determina- Governor to

tion of a lease the Governor shall be desirous of purchasing all or any of the build- purchase build- ings, &c. (Trini- ings, works, railways, pipe lines, or other things set up or constructed by the lessee dad model, 1914. and shall signify his desire by notice in writing to the lessee six calendar months Part ix., Section at least before the expiration of the lease, or if the lease shall be determined under Section 62 at any time within three calendar months after the determination of the lease, the lessee shall sell to the Governor all or any of the said buildings, works,

4.)

11

railways, pipe lines or other things at a price which failing agreement shall be fixed by arbitration.

nation of

1:14.

51. In the event of the breach by a licensee or lessee of any of the covenants, Determi- conditions or stipulations contained in his licence or lease or of any of the provisions asoc. of this Ordinance, other than Section 6, or of any regulations made thereunder, on breach. including the provisions for the payment of rents and royalties, and if the licensee (Trinidad or lessee shall not make good such breach within three months of receiving notice model, in writing from the Governor so to do, or if the licensee or lessee shall commit any Baltix, breach of Section 6 or shall wholly discontinue operations under his licence or lease Section during a continuous period of twelve months without the consent of the Governor 62.) in writing, the licence or lease may be determined by the Governor without prejudice to any claim against the licensee or lessee which shall already have accrued. The decision of the Governor determining the licence or lease shall be sufficiently notified to the lessee by its publication in the Gazette, and shall operate to vest in the Governor all the plant, buildings, and other property of the licensee or lessee in connexion with the lands specified in the licence or lease without any payment or compensation to the licensee or lessee in respect thereof.

PART IV.

52.-(i) After the publication in the Gazette of a notice that His Majesty's Export of Government is desirous of purchasing crude oil or any products thereof, it shall not oil may be be lawful for any person during the next following twelve months to export any prohibited crude oil or any products thereof unless and until he first offers to sell the same to (Trinidad the Governor on behalf of His Majesty's Government and the Governor refuses to 25 of 1911. purchase the same or does not accept the offer within seven clear days from the date Section 7.) of such offer.

(ii) Any person exporting crude oil or any products thereof contrary to the provisions of this section shall for every such offence be liable to a penalty not exceeding five hundred pounds.

Ordinance

53. (i) No person, whether a licensee or lessee under this Ordinance or not, Sites of re- shall erect or maintain any oil refinery or tank for the storage of oil or pier, pipe line, fiueries, or other erection of any sort for shipping oil on or within miles of the sea shipping coast without the permission of the Governor in writing.

places, &c. (See Triui- (ii) The penalty for any continuing breach of this section shall be a penalty dad Ordi- not exceeding twenty pounds for every day during which such breach continues Dance 25 of and in respect of any other breach a penalty not exceeding fifty pounds.

1911. Sec-

tion 8.)

(iii) The Court may in addition to imposing any penalty under this section order that any refinery, tank, pier, pipe line, or other erection erected in contra- vention of this section be pulled down or removed.

54. (i) The Governor in Council may make and may from time to time alter, Regula add to, or revoke regulations for all or any of the following matters :-

tions.

model,

(a) to prevent the access of water to oil-bearing strata, or the occurrence of (Trinidad fires at, in, or near any place where oil is won or stored, refined, or 1914, and shipped, and generally for the safe, efficient, and workmanlike conduct Northern of all operations connected with the winning, storing, transporting, Nigeria refining, or shipping of oil or any product thereof;

Proclama-

(b) the manner in which applications for licences and leases shall be made, 1913, Sec-

the forms to be used and the fees payable in respect thereof;

tion X of

tion 41.)

(c) the information to be supplied by applicants;

(d) for limiting the rights of licensees with regard to land for the time being

occupied by other persons;

(e) the manner in which the right of entry upon land shall be exercised, and the conditions on which shafts, pits, temporary buildings and other works may be made or erected for the purpose of prospecting;

(f) the amount of work to be done under exclusive prospecting licences and

under leases;

(g) for requiring licensees to weigh or measure oil won under a licence. (h) requiring licensees to provide means for measuring, and to keep full and

accurate records of crude oil won and natural gas sold;

(i) requiring licensees and lessees to keep plans of all borings and works;

(j) providing for the inspection, testing, and adjusting of any apparatus,

plans, or records;