Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697743408084.pdf (Guyana)
Petroleum (Production).

[Cap.

199.

2933 CHAPTER 199.

PETROLEUM (PRODUCTION).

SECTION.

ARRANGEMENT OF SECTIONS.

1.

Short title.

2.

Vesting of property 3.

Licences to search 4.Power to make regulations.

5.

Power to grant ancillary rights in petroleum for and get petroleum.

in Her Majesty.

for facilitating the search for and on power of granting rights.

Commissioners.

of petroleum.

getting 6.Limitation 7.Power to appoint 8.

Applications for rights.


9.Consideration 10.Provisions 11.Costs of application.

12.Effect of grant of right.

13.Appeals 14.Savings.

to the Full Court.

of applications as to compensation.

by Commissioners.

CHAPTER 199.

PETROLEUM (PRODUCTION).

An Ordinance natural respect natural aforesaid.


to vest in the Crown the property and 41 of 1939. in petroleum with gas within the Colony and to make provision of petroleum to the search for and with the matters gas, and for purposes and getting connected [18TH NOVEMBER, 1939].

1.This Ordinance may be cited as the Petroleum (Production) Short title.

Ordinance.

2.
Ordinance.

2.

(1) The property in petroleum existing in the Colony is hereby vested shall have the exclusive Vesting of property in in Her Majesty, petroleum in Her Majesty.

right of searching in its natural con­ for in strata dition and Her Majesty and getting such petroleum.
(2)For the purpose of this Ordinance any mineral leum " includes in its natural natural not include coal or bituminous from which oil can be extracted gas existing shales oil or relative condition but does deposits or other stratified in strata, by destructive distillation. "

petro­ the expression and hydrocarbon 2934 Cap.· 199.]

Petroleum (Production).

(3)In this Ordinance h for petroleum examinat to searc and geophysical references to the working, of petroleum.
to the getting carrying references to a person having the right the right to make a geological shall include ion of land and to bore the same, and of petroleum away, storing, shall include treating references and converting Licences to search for and get petroleum.

3.

(1) The Governor .

in Council may, on behalf of Her as he shall think fit, licences to grant to such persons Majesty, search for and get petroleum.
(2)Any such licence (whether by way of royalty Council may determine, ditions as the Governor in Council shall be granted for such conside ration or otherwise) as the Governor in and con­ and upon such other terms shall think fit.

(3)The Commissioner of Lands and Mines shall, has been granted of the fact to be published may be after a licence a notice name of the licensee which the licence has been granted.
and the situation under this in the Gazette of the area in respect as soon as cause section, stating the of Power to make regulations.

4.
(1) The Governor in Council shall, before licence under this Ordinance ( a)the manner in which, , make regulations and the persons by whom, applica­ tions for licences under this Ordinance (b)the fees to be paid on any such application; (c)the conditions as to the size and shape of areas in respect may be made; granting any prescribing- of which licences may be granted; (d)model clauses which shall, unless the Governor in kinds of thinks them in any particular in any such licence; fit to modify or exclude ions may be made for different shall be laid before Council case, be incorporated and different regulat licences.
Such regulations Council within fourteen Council is then sitting, commencement the next subsequent the Legislative Council annulled, they shall so regulations annulled shall thenceforth become void and of no effect but without to the validity taken under days next after they are made if the days after the and if within is passed by or any of them be fourteen session, days a resolution regulations or if not, within of the next ensuing twenty-one that the prejudice them.
in the meantime annulled; of any action be thereby and the the Legislative (2)The Governor in Council shall prescribe won in mining operations under this the royalties to be paid on the products Ordinance.

Petroleum (Production).

[Cap.

199.

2935 in may be properly right or privilege 5.

(I) Where any facility, to whom a licence referred order that petroleum for and got by any person been granted proper and efficient is unduly hampered obtain "an ancillary the licensee after appearing.
(hereinafter searching by the inability or privilege right"), such ancillary is required Power to grant ancil­ searched and conveniently lary rights under section 3 has for facilita­ ting the ") and the search for of the petroleum and getting of petroleum.
of the licensee referred to (hereinafter to as right may be conferred on herein­ to the provisions for and getting or failure in the manner and subject to as "the licensee such right, facility (2)In particulaT, rights the foregoing provision, such ancillary to the generality shall include - for and get ( a)a right to enter upon land and to search prejudice but without of petroleum; (b)a right to use and occupy land for the erection of such of such pipes, and the laying and maintenance buildings, the construction for the purpose of such other works as may be required of searching for and getting petroleum; (c)a right to obtain in connection with the search (d)a right to dispose a supply of water or other substances of petroleum; matter for or getting of water or other liquid petroleum.
obtained while searching for or getting (3)An ancillary right may be granted under section to a licensee to him or at any 3 is granted either at the time a licence subsequent time.

6.A!l �ncillary 1t 1s shown that 1t 1s not reasonably right �h�ll not be granted unde� this Ordinan?e �!��,:���f practicable to obtarn g!anting for any of the r,ghts.
by private arrangement unless the right in question reasons following - ( a)that the persons with power to grant the right are numerous or have conflicting interests; with power to grant the right, or any of (b)that the persons them, cannot be ascertained or cannot be found; (c)that the persons from whom the right must be obtained, or any of them, have not the necessary w�ether by reason wise; of defect of title, powers of disposition, or other­ legal disability with power to grant the right unreason­ (d)that the person ably refuses been offered, circumstances, B.G.-Vor.. IV-30 to grant it or, after reasonable has demands terms which, having regard to the are unreasonable.
consideration / 2936 Cap.

199.J Petroleum (Production).

Power to appoint Commis­ sioners.

Cap.

69.

7.
(1) For the purpose of determining any question under this Ordinance consisting relating the rights a Commission of three persons which shall to as "the Commissioners") to applications for ancillary Governor shall appoint (hereinafter referred have jurisdiction to inquire appointing Commissioners the Governor fact that one at least of the and experience time any Commissioner duties of his office the Governor to serve in his place and such temporary either for a fixed period to the shall have knowledge If at any the is for any reason unable to perform person another may appoint may be appointment of land conditions in the Colony.
Commissioners or for an indefinite into and determine shall have regard period.

the same.

When (2)One of the persons appointed shall be a judge of the Supreme Court and he shall be chairman of the Commission.

(3)Each Commissioner of five shall be appointed for a period years.

(4)The provisions of sections of the Commissions a�ply to the conduct .
miss10ners of Enquiry 5, 6, 9, 10, 11, 12, 13, 14 and 16 shall, Ordinance of any proceedings mutatis before the Com­ mutandis, (5)No Commissioner shall take any part, save as an interested in the proceedings the Commission, party appearing before the Commission in any application indirect personal interest.

in which he has any direct of or (6)There may be paid to any Commissioner, from moneys to be provided the Governor by the Legislative in Council shall determine.
Council, such remuneration as Applications for rights.

8.

(1) Any applicant for a licence, an ancillary desirous of obtaining the circumstances granted may send to the Commissioner application for the grant of such a right.

Such application be made in duplicate.


right can be of Lands and Mines an are such that such an ancillary right and who considers shall or any licensee, that who is (2)An application under this section to justify alleged circumstances be in such form, and accompanied in such manner, direct.
as the Commissioner the grant of the right, and shall by such information verified of Lands and Mines may shall set forth the (3)The Commissioner of Lands and Mines shall consider the application and, if it appears ( a)file one copy in his office; to be in order, he shall- Petroleum (Production).

[Cap.

199.
[Cap.

199.

2937 (b)transmit the other copy to the chairman of the Com­ mission; and (c)cause to be published in the Gazette and in two local a notice daily newspapers of the right claimed the nature the area in which it is desired the name of the applicant, description of and a sufficient to exercise the right.

stating if satisfied that the requirements of �onsidera.­ Commissioners, and that 1t 1s expedient ha�e _been co!npli:d wit� in the case of the !

;���tions m the mterest b_y Commis­ s .

10ner 9.


(1) The this _Ordinance applicant that the right applied order, ditions, and upon such an order being made the right specified order shall, in the applicant.
to him, may, by s to such con- may think as the Commissioners for should be granted on such terms and subject grant the_right and for such period fit, in the of the Colony subject vest to the provisions hereinafier contained, (2)In determining whether to grant any right for which has been made or what terms and conditions, if any, application shall be imposed missioners effect on occupation made.
upon the grant of such a right, the Com­ shall have regard, among other considerations, the amenities of the locality of the proposed of the land in respect of which the application to the use and is 10.

(1) Where an application .

.

grante t e omnnss1oners d h C determine the applicant persons application in respect is granted to whom it is to be paid, either the amount of compensation or at any subsequent time.

for the grant of a right is Provisions as to com- s a , m e a t o h 11 pensation.
d f ul f that shall be paid by agreement, of the right and the at the time when the of the acquisition .
(2)The compensation to be paid in respect of any right shall on the basis of what would be a willing grantor subject and after that amount is assessed and a willing to which the to the conditions shall make an additional allowance of not of the acquisition per centum on account by the Commissioners be assessed fair and reasonable between having regard grantee, right is or is to be granted, the Commissioners less than twenty-five of the right being compulsory.
may impose (3)The Commissioners of any right that any compensation shall be paid or, with the consent is to be made, that security for the payment sioners to be exercised.

commenced IV-30'" B.G.-VoL.

thereof the grant as a condition on payable of the person in respect to whom payment of the Commis­ the right is to the satisfaction shall be given before thereof 2938 Cap.

"l99.]

Petroleum (Production).


(4)Where the person to whom any compensation ion shall be paid the compensat is payable cannot be found or ascertained into the registry of the Supreme Court.

Costs of application.
11.The costs incurred by the applicant to be obtained; shall not be ordered application whom a right is sought by each such person that an unconditional to tha,t person the a.mount of any compensation be ordered Commissioners, unless offer in writing of a sum as compensation shall, with the to be paid by any person and the costs so in connection from the Commissioners incurred are satisfied was made by the applicant than equal to or greater awarded to him by the to be paid by the applicant.
Effect of grant of right.

12.An ancillary right granted to whom it is granted confe1: on the person power than if the right had been granted to gmnt the right or relieve the grantee liability granted to which he would have been subject by such a person.

under this Ordinance shall not or other any greater with power by a person from any obligation had the right been or Appeals to the Full Court.

13.
13.

(1) An appeal in respect of any amount on any question of law or of fact shall lie from any order made by the Com­ to the Full Court of the Supreme missioners Guiana.

Court of British (2)The provisions of Order XLIII of the Rules of Court, 1900, as amended from time to time, shall, mutatis applicable to all such appeals.

mutandis, be (3)The decision of the Full Court shall be final.

Savings.

14.
Savings.

14.

( 1) Nothing in this Ordinance shall be construed as con­ on any the Commissioners ferring, or not, any on behalf person, right which he does not enjoy apart from this Ordinance on or interfere or as enabling whether of Her Majesty acting to confer, to enter with land.

in this Ordinance (2)Nothing as imposing shall be construed any liability on any person where in the course of mining or other lawful operations petroleum is set free.