• Specific Year
    Any

PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 - SECT 142

PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 - SECT 142

142 .         Royalty

        (1)         The conditions subject to which a permit, drilling reservation, lease or licence is granted shall include a condition that the permittee, holder of the drilling reservation, lessee or licensee shall, subject to this section, pay to the Minister a royalty at the prescribed rate in respect of all petroleum or all geothermal energy, as the case requires, recovered by the permittee, holder of the drilling reservation, lessee or licensee in the permit area, drilling reservation, lease area or licence area.

        (2)         The prescribed rate in respect of petroleum recovered under a petroleum exploration permit, petroleum drilling reservation or petroleum retention lease is 10% of the royalty value of the petroleum.

        (2a)         Subject to section 143, the prescribed rate in respect of geothermal energy recovered under a geothermal exploration permit, geothermal drilling reservation, geothermal retention lease or geothermal production licence is 2.5% of the royalty value of the geothermal energy.

        (3)         Subject to the succeeding provisions of this section and to the provisions of section 143, the prescribed rate in respect of petroleum recovered under a petroleum production licence is the percentage determined by the Minister in pursuance of subsection (1) of section 52 or, where more than one percentage was so determined, the percentage so determined that is, in accordance with subsection (2) of that section, for the time being applicable in respect of petroleum so recovered.

        (4)         Subject to section 143, the prescribed rate in respect of petroleum recovered under a secondary licence is the percentage determined by the Minister in pursuance of section 52(3) in respect of petroleum so recovered.

        (5)         Subject to subsection (6) and to section 143, where a secondary licence is granted to the holder of a primary licence, the prescribed rate in respect of petroleum recovered under the primary licence is, as from the commencement of the next royalty period after the day from which the secondary licence has effect, the same percentage as is applicable in respect of petroleum recovered under the secondary licence.

        (6)         Notwithstanding the provisions of section 52(3) and subsection (5), where a secondary licence is granted to the holder of a primary licence, the Minister may determine that the prescribed rate or rates in respect of petroleum recovered under the primary licence shall continue, as from the commencement of the next royalty period after the day from which the secondary licence has effect, to be the same rate or rates as was or were determined by the Minister under section 52(1) in respect of the primary licence.

        (7)         Where —

            (a)         a petroleum production licence is granted on an application under section 57; and

            (b)         the instrument served on the applicant under section 59 contains a statement that the applicant will be required to pay, in respect of petroleum recovered under that licence, royalty at the rate specified in that statement,

                the prescribed rate in respect of petroleum recovered under that licence is the percentage specified in that statement.

        (8)         Where a petroleum production licence is granted on an application under subsection (1) of section 61, the prescribed rate in respect of petroleum recovered under that licence is the same percentage as was applicable in respect of petroleum recovered under the original licence as defined by subsection (1) of that section.

        (9)         Subject to section 143, the prescribed rate in respect of petroleum recovered under a petroleum production licence granted by way of renewal of a licence is the percentage applicable under the licence before renewal (or, if another percentage is fixed by Parliament in respect of petroleum so recovered, that percentage) of the royalty value of the petroleum.

        [Section 142 amended: No. 12 of 1990 s. 109; No. 78 of 1990 s. 7; No. 11 of 1994 s. 5; No. 35 of 2007 s. 75.]