Petroleum Mining Act · 2022 Revised Edition
8. Areas and form of Agreement
Official textFrom Attorney General's Chambers, unchanged
State Party may —
State Party
“State Party” means — (a) His Majesty the Sultan and Yang Di-Pertuan in Council; (b) the Government or any of its lawful authorities (including, without limitation, the Secretary to the Council of Ministers or a Minister) designated by His Majesty the Sultan and Yang Di-Pertuan to act on behalf of His Majesty the Sultan and Yang Di-Pertuan in Council; or (c) Petroleum Authority of Brunei Darussalam or any of the Authority’s representatives acting on the Authority’s behalf.
enter into a petroleum mining Agreement in respect of any area of State Land for which application has been made as herein provided;
at the request of the licensee or lessee, enter into one or more petroleum mining Agreements in substitution for and in respect of the same area or areas as are covered by any one or more exploration licence, prospecting licence or mining lease which was valid and subsisting (or which may be accepted by State Party as if it had been valid and subsisting) on 18th November 1963.
His Majesty the Sultan and Yang Di-Pertuan in Council may by regulations prescribe the terms and conditions of a petroleum mining
petroleum
“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;
Agreement which shall, unless His Majesty the Sultan and Yang Di-Pertuan in Council thinks fit to modify or exclude them in any particular case, be incorporated in any petroleum mining Agreement:
petroleum mining Agreement
“petroleum mining Agreement” means an agreement with regard to exploration, prospecting and mining for petroleum or any of them that the State Party enters into under this Act. For the avoidance of doubt, petroleum mining Agreements shall include, without limitation, any licences, leases, concessions, production sharing agreements and service agreements with regard to exploration, prospecting and mining for petroleum or any of them entered into by the State Party in accordance with this Act;
Provided that until any such terms and conditions have been so prescribed, a petroleum mining
Agreement made on or after
Petroleum Mining
CAP. 44 31st October 1992, shall contain such terms and conditions as may be agreed between State Party and the applicant.
A person with whom a petroleum mining Agreement and any collateral agreement or agreements is made shall be entitled to all the rights thereby expressed to be granted.
person
“person” means and includes any individual or group of individuals and any company, corporation or other body;
Terms defined in s 2
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;
petroleum mining Agreement
Defined · s 2“petroleum mining Agreement” means an agreement with regard to exploration, prospecting and mining for petroleum or any of them that the State Party enters into under this Act. For the avoidance of doubt, petroleum mining Agreements shall include, without limitation, any licences, leases, concessions, production sharing agreements and service agreements with regard to exploration, prospecting and mining for petroleum or any of them entered into by the State Party in accordance with this Act;
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;
State Party
Defined · s 2“State Party” means — (a) His Majesty the Sultan and Yang Di-Pertuan in Council; (b) the Government or any of its lawful authorities (including, without limitation, the Secretary to the Council of Ministers or a Minister) designated by His Majesty the Sultan and Yang Di-Pertuan to act on behalf of His Majesty the Sultan and Yang Di-Pertuan in Council; or (c) Petroleum Authority of Brunei Darussalam or any of the Authority’s representatives acting on the Authority’s behalf.