Petroleum Act

Petroleum (Licence and Lease) Regulations 1970

[GN 25 of 1970 – 20 April 1970] [Section 10]

1. These regulations may be cited as the Petroleum (Licence and Lease) Regulations 1970.

2. (1) For the purposes of these regulations, Mauritius shall be divided into blocks having as boundaries 14 minutes (14') of longitude by 14 minutes (14') of latitude,

(2) Each block shall –

 (a) by reference to its geographical location in relation to the point of intersection of the meridian of longitude 60 degrees East and the parallel of latitude 13 degrees South; and

 (b) by reference to its relative proximity to the north or south of each parallel and to the east or west of such meridian,

be lettered and numbered and be designated as follows –

(3) Each block shall be divided into quarter blocks, an alphabetical letter being attributed to each quarter block as follows –

A

B

C

D

(4) Each quarter block shall be referred to by the alphabetical letter attributed to it and the designation, pursuant to paragraph (3), of the block of which it forms part.

(5) Where any area cannot, because of its size and shape, be designated in accordance with paragraph (3) or (4), that area shall be given a distinct designation in a plan compiled for the purpose and deposited at such office as may, from time to time, be appointed by the Minister by notice published in the Gazette.

3. (1) Subject to paragraph (5), every application for the grant or renewal of a prospecting licence or of a mining lease shall be made in the form set out in the First Schedule.

(2) Every application shall be –

 (a) accompanied by 2 copies of a survey or map on which shall be marked and designated the blocks in respect of which the application is made; and

 (b) supplemented by such information as the Minister may, in any particular case, require.

(3) (a) Every application shall be accompanied, by the relevant fee, which shall be as follows –

  (i) for the grant or renewal of a prospecting licence Rs 25,000

  (ii) for the grant or renewal of a mining lease Rs 50,000

(b) Where an application is granted, the fee shall be retained in deduction of rent.

(c) Where an application is refused, the applicant shall be repaid one half of the fee or such greater amount as the Minister may determine.

(4) Any information contained in, or furnished to the Minister in pursuance of, an application under this regulation shall be treated as confidential.

(5) The Minister may exempt any applicant from compliance with this regulation.

4. Every prospecting licence or mining lease shall contain its terms and conditions, and shall be in –

(a) the form set out in the Second and Third Schedules, respectively; or

(b) such amended form as the Minister may determine.

_______________

FIRST SCHEDULE

[Regulation 3]

APPLICATION FOR THE GRANT OR RENEWAL OF
A PROSPECTING LICENCE OR A MINING LEASE

1. Name(s) of applicant(s) ..............................................................................................

2. If application is by an individual –

(a) address .................................................................................................................

(b) nationality ............................................................................................................

(c) occupation ...........................................................................................................

3. If application is by a body corporate –

(a) principal place of business ..................................................................................

(b) if principal place of business is outside Mauritius, address of place of business in Mauritius and name and address of permanent representative .................

................................................................................................................................

(c) nature of business ...............................................................................................

(d)  names of directors   nationality

 .......................................... ...................................

 .......................................... ...................................

(e) names of principal shareholders 

 .........................................................

 .........................................................

amount of shareholding

.........................................................

Note – The annual reports and balance sheets, if any, for the 3 years immediately preceding the application, to be annexed to the application.

4. Particulars of previous experience in prospecting and/or mining of petroleum and availability of specialised personnel and equipment .................................................

...............................................................................................................................................

5. Description of the block in respect of which the application is submitted ..............

...............................................................................................................................................

6. Description of the proposed work programme and the proposed working obligations in financial or real terms ..................................................................................

...............................................................................................................................................

7. The proposed rent per block, rate of royalty and any other payment offered by the applicant .........................................................................................................................

...............................................................................................................................................

8. The proposed duration of the licence or lease .......................................................................

...............................................................................................................................................

9. The proposed method of valuation of production for revenue purposes .....................................

...............................................................................................................................................

I hereby declare that the information given above or annexed to this application is correct.

..................   ......................................................................................

Date     Signature of applicant or, if applicant is a body
    corporate, of a duly authorised agent or
    officer of the body corporate whose
     capacity is to be stated

_______________

SECOND SCHEDULE

[Regulation 4]

PROSPECTING LICENCE

1. Interpretation

In this licence –

"approved" means approved by the Minister;

"borehole" includes any well;

"licence" means a prospecting licence granted under section 4 of the Petroleum Act;

"prospecting area" means the area constituted by the blocks in respect of which the licence is in force.

2. Right to prospect for petroleum

Subject to the terms and conditions of this licence, the Minister hereby grants to............................................................................, ("the licensee"), a prospecting licence conferring on the licensee the exclusive right to prospect for petroleum in the blocks referred to in Appendix A to this licence and shown on the attached plan.

3. Term of licence

This licence shall, unless sooner determined, remain in force for a period of ....................... years next after the ..................... 20 ... and may, on the written request of the licensee made ninety (90) days before the expiration of the period of ..... years and on the Minister being satisfied that the licensee has substantially complied with his obligations under the licence, be renewed for a period of ..... years.

4. Right of licensee to determine licence

Without prejudice to any obligation or liability imposed by or incurred under the terms and conditions of this licence, the licensee may, by giving ninety (90) days' written notice to the Minister, determine this licence.

5. Permanent office and representative of licensee in Mauritius

(1) The licensee, if a foreign company, shall, at the commencement of this licence, comply with the Companies Act relating to foreign companies and, in particular, establish a place of business in Port Louis for the conduct of the operations authorised by this licence and shall maintain the place of business throughout its duration.

(2) The licensee shall appoint a person to be his permanent representative in Mauritius for the pu

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