Petroleum Mining Act · 2022 Revised Edition
3. Restriction on prospecting or mining for petroleum
Official textFrom Attorney General's Chambers, unchanged
Save as provided in subsection (2), any person found to be exploring, prospecting and mining or any of them for petroleum upon any
person
“person” means and includes any individual or group of individuals and any company, corporation or other body;
State Land or doing any act with a view to such exploring, prospecting and mining or any of them upon any State Land and without having received lawful authority to do so under any of the provisions of this Act, in other written law or in breach of any of the conditions thereof, is guilty of an offence and liable on conviction to a fine, imprisonment for 5 years or both, and all machinery, tools, plant, buildings or other property together with any minerals or other products which may be found upon or proved to have been obtained from the State Land so unlawfully explored, prospected or mined shall be liable to forfeiture, and if the offence is a continuing one to a further fine not exceeding $100,000 for every day or part of a day during which the offence has continued.
State Land
“State Land” means land within Brunei Darussalam and includes the foreshores and submarine areas beneath the territorial waters of Brunei Darussalam and also the area of the Continental Shelf being the seabed and its subsoil which lies beneath the high seas contiguous to the territorial waters of Brunei Darussalam;
In determining any fine to be imposed under subsection (1), the court shall take into consideration any loss, injury or damage, or whatsoever nature, caused to or sustained by the Government, the public generally or any section of the public, or any person, whether or not such loss, injury or damage is of a nature to admit of being quantified or fully expressed in terms of money.
Nothing in this Act shall invalidate any exploration licence, prospecting licence or mining lease issued by the lawful authority of the
Authority
“Authority” means the Petroleum Authority of Brunei Darussalam established by section 3 of the Petroleum Authority of Brunei Darussalam Act;
Government of Brunei Darussalam before the passing of this Act including any amendments made thereto from time to time, or abrogate any of the rights or privileges expressly conferred thereby:
Provided that every such right or privilege shall be limited to the extent prescribed by such licence, lease or Agreement; and that the same shall not be extended upon expiry, unless provided otherwise in written laws.
Terms defined in s 2
Authority
Defined · s 2“Authority” means the Petroleum Authority of Brunei Darussalam established by section 3 of the Petroleum Authority of Brunei Darussalam Act;
person
Defined · s 2“person” means and includes any individual or group of individuals and any company, corporation or other body;
petroleum
Defined · s 2“petroleum” means any mineral oil or relative hydrocarbon and natural gas or casinghead petroleum spirit existing in its natural condition in strata but does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation;
State Land
Defined · s 2“State Land” means land within Brunei Darussalam and includes the foreshores and submarine areas beneath the territorial waters of Brunei Darussalam and also the area of the Continental Shelf being the seabed and its subsoil which lies beneath the high seas contiguous to the territorial waters of Brunei Darussalam;