1.

Legal and regulatory framework

1.1

What role does the national state play in the oil and gas industry in your jurisdiction? Are oil and gas rights owned by the state or is private ownership allowed?

1.2

Which national legislative and regulatory provisions govern the oil and gas industry in your jurisdiction?

1.3

What other national legislative and regulatory provisions have relevance for oil and gas activities in your jurisdiction?

1.4

Are there any regional treaties or laws that need to be taken into account?

1.5

Which national regulatory bodies are responsible for enforcing the applicable laws and regulations? What powers do they have?

1.6

What is the national regulators’ general approach in regulating the oil and gas industry?

1.7

What role do provincial, state and/or other local government regulatory bodies play in the regulation of the oil and gas industry?

2.

Oil and gas industry

2.1

How mature is the oil and gas industry in your jurisdiction?

2.2

What are the key oil and gas products which are produced in your jurisdiction and where are activities typically based?

2.3

Who are the key players in the oil and gas industry in your jurisdiction?

2.4

How are the following reflected in the domestic energy mix? (a) Oil and gas (b) Imports and exports?

3.

Exploration and production

3.1

What rights are required to undertake exploration and production in your jurisdiction? Do these vary depending on the type or location of the activity?

3.2

What regulatory or contractual requirements must be satisfied to obtain exploration and production rights?

3.3

If there is state ownership of oil and gas rights in your jurisdiction, what is the procedure for obtaining exploration and production rights? How long does this typically take?

3.4

Who can own exploration and production rights in your jurisdiction? Do specific requirements or restrictions apply to foreign operators? Do any indigenous ownership requirements apply?

3.5

If there is state ownership of oil and gas rights in your jurisdiction, what fees and other charges are incurred in obtaining exploration and production rights?

3.6

What is the duration of exploration and production rights? What is the process for renewal?

3.7

What are the operator’s rights and obligations under exploration and production rights?

3.8

Are there any requirements re relinquishment of exploration and production rights or part of the area covered by such rights?

3.9

Can exploration and production rights be transferred or assigned? If so, how and subject to what government consents? Do any fees, taxes or other charges apply to direct or indirect transfers?

3.10

Can security be taken over exploration and production rights?

3.11

What contractual or regulatory provisions apply with regard to cessation of exploration and production or abandonment of exploration and production rights?

4.

Surface rights

4.1

Does the law of your jurisdiction distinguish between exploration and production rights and surface rights? If so, how does an owner of exploration and production rights acquire surface rights?

4.2

Where surface rights are acquired, what are the operator’s rights and obligations as regards the landowner? And what are the landowner’s rights and obligations as regards the operator?

4.3

Is there a process for the mandatory acquisition of surface rights? If so, what does this involve?

4.4

Are any native title issues applicable?

4.5

Are any other rights needed to use the land (eg, zoning permissions or planning requirements)?

5.

Processing, refining and export

6.

Transport and storage

6.1

What requirements and restrictions apply with regard to the transport and storage of oil and gas? Do these vary in the case of cross-border transportation?

6.2

What requirements and restrictions apply to the construction and operation of transport and storage infrastructure?

7.

Environmental issues

7.1

What environmental authorisations are required to undertake oil and gas activities in your jurisdiction? Do these vary depending on the type or location of the activity?

7.2

What environmental regulations or contractual obligations must the operator observe while oil and gas facilities are operational?

7.3

What environmental regulations or contractual obligations must the operator observe in relation to decommissioning?

7.4

What are the potential consequences of breach of these requirements – both for the operator itself and for directors, managers and employees?

7.5

Which national, provincial/state and/or local government regulatory bodies are responsible for enforcement of environmental obligations?

7.6

What is the regulators’ general approach in regulating the oil and gas sector from an environmental perspective?

8.

Health and safety

8.1

What key health and safety requirements apply to oil and gas operators in your jurisdiction?

8.2

Which national, provincial/state and/or local regulatory bodies are responsible for enforcement of health and safety regulations or obligations? What reporting requirements apply with regard to oil and gas accidents in your jurisdiction?

8.3

What are the potential consequences of breach of these requirements – both for the operator itself and for directors, managers and employees?

8.4

What best practices in relation to health and safety should operators consider adopting in your jurisdiction?

8.5

What is the regulators’ general approach in regulating the oil and gas sector from a health and safety perspective?

9.

Taxes and royalties

9.1

What national, provincial/state and/or local taxes, royalties and similar charges are levied on oil and gas operators in your jurisdiction? How are these calculated?

9.2

Are any tax incentives available for oil and gas operators?

9.3

What other strategies might oil and gas operators consider to mitigate their tax liabilities?

9.4

Have there been any significant changes to the taxation rates applicable to oil and gas operators in the last three years?

10.

Disputes

10.1

In which forums are oil and gas disputes typically heard in your jurisdiction?

10.2

What issues do such disputes typically involve? How are they typically resolved?

10.3

Have there been any recent cases of note?

11.

Trends and predictions

12.

Tips and traps

Comparative Guides

Login to Mondaq.com

Why Register with Mondaq

Your Organisation