Section 12
Powers of Authority
of Petroleum Authority of Brunei Darussalam Act
(1)
Subject to the provisions of this Act, the Authority shall have the power to do anything as appears to the Authority advantageous, necessary or
-
of duties under this Act or any other written laws, or which appears to the
Authority to be incidental or conducive to the performance of those functions and discharge of those duties.
B.L.R.O. 42021
Petroleum Authority 24
of Brunei Darussalum
(2)
Without prejudice to the generality of subsection (1). the
Authority may -
(a)
act as a State Party in the negotiation. conclusion, making.
implementation, supervision, and enforcement of a petroleum mining
Agreement in respect of any designated area including any amendment or supplement thereto;
(b)
where His Majesty the Sultan and Yang Di-Pertuan in
Council or any other lawfbl authority of the Government by notification published in the Gazette delegates to the Authority under section 14(1) the exercise of any power, the performance of any function or the discharge of any duty. exercise such delegated power, right or obligation or perform such delegated function or duty;
(c)
issue or approve codes of practice. directives and guidelines in relation to the petroleum sector in Brunei Darussalam and investments in the petroleum sector in Brunei Darussalam, petroleum or petroleum products;
(d)
acquire and hold property, both movable and immovable, and to sell, lease, mortgage or otherwise dispose of such property;
(e)
become a member or an affiliate of any international body, the functions, objects or duties of which are similar to those of the
Authority;
If) subscribe for or acquire any securities, stocks and shares of an incorporated company or other body corporate, procure its admission to membership of an incorporated company limited by guarantee and not having a share capital or acquire an undertaking or part thereof;
(g)
form or participate in the formation of ally company or corporation, or enter into any joint venture or partnership, whether in
Brunei Darussalam or elsewhere;
(h)
participate in any overseas venture or development which the
Authority has the expertise to engage in or undertake;
(i)
establish and maintain offices, whether in Brunei Darussalam or elsewhere;
a
Petroleum Authority o f Brune i Darussalant
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•
(j)
grant financing, and guarantee the repayment of any financing granted. to any company or corporation -
(i)
of which the Authority. or any subsidiary of the
Authority. is a member; or
(ii)
any shares of which are held or beneficially owned, directly or indirectly. by the Authority or any subsidiary of the Authority;
(k)
establish or expand facilities or to assist in the maintenance of facilities (whether by itself or with the co-operation of other persons or bodies as the Authority thinks fit), including but not limited to providing grants, for the purpose of training and education relating to the petroleum sector, petroleun~ or petroleun~ products;
(I)
establish and administer funds in support of, to promote the growth and development of, for the advancement of competencies.
expertise and standards in, and for the conduct and development of research relating to, the petroleum sector and its related fields in
Brunei Darussalam J
(m)
make or enter into such agreements or arrangements as may be advantageous, necessary or expedient for the purpose of performing its functions and discharging its duties under this Act:
(n)
levy or impose fees or charges for advice, assistance or services provided by the Authority and for any other matter or thing done under this Act;
(0)
make provision for gratuities, pensions, allowances or other benefits for officers or employees or former officers or employees of the Authority;
(p)
make provision for training of any officer or employee of the
Authority and, in that connection, offer scholarships, bursaries and training grants to intending trainees or otherwise pay for the cost of such training and all expenditure incidental thereto; .
- -. .
(q)
grant or guarantee financing to officers or employees of the
Authority for any purpose specifically approved by the Authority;
B. L.R.O. 12021
Petroleum Authority 26
of Brunei Darussalam
(r)
provide recreational facilities and promote recreational activities for, and activities conducive to, the welfare of officers or employees of the Authority and members of their families;
(s)
receive donations and contributions from any source and raise funds by all lawful means;
(5)
take such action as is necessary to enforce the requirements in a petroleum mining Agreement;
(u)
enforce the provisions of this Act and of any regulations made under this Act; and
(I do anything incidental to any of the Authority's powers.
(3)
This section shall not be construed as limiting any power of the
Authority as may be conferred by or under any other written law.
(4)
For the purposes of subsection (2)0), a company or corporation is deemed to be a subsidiary of the Authority, if -
(a)
that Authority -
(i)
controls the composition of the board of directors of the company or corporation; or
(ii)
controls more than half of the voting power of the company or corporation; or
(b)
the company or corporation is a subsidiary of any company or corporation which is the Authority's subsidiary.