Energy (Miscellaneous Provisions) Act, 1995

Amendment of Act of 1960.

17.—(1) Section 7 of the Act of 1960 is hereby amended by the substitution of the following subsections for subsection (2):

“(2) An undertaking under this section—

(a) shall be in such form as the Minister shall, with the consent of the Minister for Finance, determine; and

(b) may be subject to such terms or conditions as the Minister may determine, including a term or condition providing for the payment to the Minister by the grantee of the undertaking of such consideration in respect of the grant of the undertaking as the Minister, with the consent of the Minister for Finance, may determine.

(3) Where the Minister enters into an undertaking under this section it shall be lawful for him to carry out the undertaking in accordance with the terms and conditions thereof.

(4) The Minister may revoke an undertaking under this section where he is satisfied that the grantee of the undertaking has failed to comply with any term or condition thereof.”.

(2) The following section is hereby substituted for section 10 of the Act of 1960:

“10.—(1) The Minister may enter into an undertaking to grant a petroleum lease to take effect not later than the date specified in that behalf in the undertaking.

(2) An undertaking under this section shall be in such form as the Minister shall, with the consent of the Minister for Finance, determine and may—

(a) be subject to such terms or conditions as the Minister may determine, including a term or condition providing for the payment to the Minister by the grantee of the undertaking of such consideration in respect of the grant of the undertaking as the Minister, with the consent of the Minister for Finance, may determine; and

(b) specify the terms and conditions (if any) upon which the petroleum lease which is the subject of the undertaking shall be granted.

(3) Where the Minister enters into an undertaking under this section it shall be lawful for him to carry out the undertaking in accordance with the terms and conditions thereof.

(4) The Minister may revoke an undertaking under this section where he is satisfied that the grantee of the undertaking has failed to comply with any term or condition thereof.”.

(3) (a) In this subsection—

“foreshore” has the meaning assigned to it by section 1 of the Foreshore Act, 1933 ;

“State land” has the meaning assigned to it by section 2 (1) of the State Property Act, 1954 ;

“permit” means a working facilities (State land) permit (within the meaning of section 27 of the Act of 1960).

(b) The grant by the Minister of a permit in relation to State land that consists in whole or part of foreshore shall require (in addition to the consent specified in section 27 of the Act of 1960) the consent of the Minister for the Marine.

(c) Where a permit relates to State land that consists in whole or part of foreshore, the determination by the Minister of the sum to be paid under subsection (5) of section 27 of the Act of 1960 as consideration for the grant of the permit shall be made (as well as with the concurrence of the Minister of the Government specified in the said subsection (5)) with the concurrence of the Minister for the Marine.

(d) Where a permit relates to State land that consists wholly of foreshore the sum paid to the Minister under section 27(5) of the Act of 1960 as consideration for the grant of that permit shall be paid by the Minister to the Minister for the Marine.

(e) Where a permit relates to State land that consists in part of foreshore, the determination referred to in paragraph (c) shall specify what amount of the sum concerned is attributable to the said foreshore (“the attributed amount”) and on payment of the sum concerned to the Minister, the Minister shall pay the attributed amount to the Minister for the Marine.

(f) Compensation payable under section 28 of the Act of 1960 shall, in so far as it is in respect of damage or nuisance caused in relation to foreshore that is the subject (whether or not in addition to other State land) of a permit, be paid to the Minister for the Marine and the provisions of Chapter VII of Part II of the said Act shall apply in respect of such compensation as they apply in respect of compensation that is payable under the said section 28 to the Minister.

(g) For the purposes of the said application of the said Chapter VII, references in the said Chapter to the Minister shall be construed as references to the Minister for the Marine.

(4) (a) The Minister shall not approve, pursuant to a petroleum lease—

(i) the abandonment by the lessee under the lease of any offshore installation used in connection with the activities carried on, in or over the land (within the meaning of the Act of 1960), seabed or subsoil demised by the lease, or

(ii) the placing by such a lessee of—

(I) such an installation, or

(II) any offshore pipeline that has been used in connection with the said activities,

being an installation or pipeline which is no longer used in connection with the said activities, in the sea for a purpose other than that for which it was designed and constructed,

without the consent of the Minister for the Marine.

(b) In this subsection “petroleum lease” means a petroleum lease (within the meaning of the Act of 1960) that is granted after the passing of this Act.