Section 2
Interpretation
of Petroleum Authority of Brunei Darussalam Act
In this Act. unless the context otherwise requires -
"appointed day" means the date of commencement of this Act;
"Authority" means the Petroleum Authority of Brunei Darussalam established by section 3;
"Board" means the Board of Directors of the Authority referred to in section 5(1);
"Company" means the Brunei National Petroleum Company
Sendirian Berhad incorporated by the Brunei National Petroleum
Company Sendirian Berhad Order, 2002 (S 612002);
"Company contractor" means any party to a Company petroleum mining Agreement which is not the Company;
y pe-ning
Agreements" means atf-lthe petroleum mining Agreements which have been entered into by the
Company as the holder of mineral rights prior to the appointed day;
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of Brunei Darussalam
"contractor" means any person who is a party to a petroleum mining Agreement other than the Company, the Government or the
Authority. as the case may be;
"designated area" means -
(a)
any area of State Land in respect of which His Majesty the Sultan and Yang Di-Pertuan in Council has granted to the
Authority mineral rights in accordance with section 19:
(b)
as from the appointed day, the areas in respect of which mineral rights shall be transferred to and shall vest in the
Authority in accordance with section 28; and
(c)
as from the appointed day, the areas in respect of which mineral rights shall be transferred to and shall vest in the
Authority in accordance with section 37;
"downstream petroleum operation" means any operation or activity related to -
(a)
refining operations;
(b)
natural gas processing operations that relate to multiple development areas, including operations or activities for the liquefaction, storage or transportation of natural gas; or
(c)
transportation, storage, marketing and distribution of petroleum and petroleum products to residential, industrial, power generation and other end users;
"employees of the Company" means the employees of the
Company currently with the Company to be transferred to the service of the Authority to be specified pursuant to section 3 l(1);
"employees of the Government" means the employees of the
Government currently with the Government to be transferred to the service of the Authority to be specified pursuant to section 40(1);
"excluded liabilities" means -
(a)
in relation to the Company, such existing liabilities of the Company as may be excluded from the petroleum regulatory undertaking of the Company under section 30(1);
and
•
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(b)
in relation to the Government, such existing liabilities of the Government as inay be excluded from the petroleum regulatory undertaking of the Government under section 38(1);
"excluded property" meails -
(a)
in relation to the Company, such existing property of the
Company as may be excluded from the petroleum regulatory undertaking of the Company under section 30(1); and
(b)
in relation to the Government, such existing property of the Government as may be excluded from the petroleum regulatory undertaking of the Government under section 38(1);
"existing" means -
(a)
in relation to any property or liability of the Company, existing, outstanding or in force immediately before the appointed day:
(b)
in relation to any property or liability of the
Government, existing, outstanding or in force immediately before the appointed day;
"Government contractor" means any party to a Government petroleum mining Agreement which is not the Government;
"Government Party" means, with respect to a Government petroleum mining Agreement. the Government or any other person or authority who, prior to the appointed day, would under such
Government petroleum mining Agreement have the authority or right to administer or regulate the rights and powers of the
Government under such
Government petroleum mining
Agreement;
"Government petroleum mining Agreements'' means all the petroleum mining Agreements which have been entered into by the
Government as the holder of mineral rights prior to the appointed day;
"liabilities" includes debts, duties and obligations of every description wEresoever arising (whetherpresent or TutuEand-actual or contingent);
"Managing Director" means the Managing Director appointed under section 6(1);
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of Brunei Durussalurn
"member' means any member of the Board:
"midstream petroleum operation'' means any operation or activity related to petroleum processing. storage and transportation.
including the planning of any such operation or activity;
"mineral rights" has the same meaning assigned to it in section 2 of the Petroleum Mining Act (Chapter 44);
"mineral rights of the Company" means the mineral rights in respect of the areas granted to the Company pursuant to section 3
of the Brunei National Petroleum company Sendirian Berhad
Order, 2002 (S 612002) immediately before the appointed day;
"mineral rights of the Government" means the mineral rights in respect of the areas held by the Government immediately before the appointed day;
"Minister" means the Minister responsible for petroleum matters:
"person' has the same meaning assigned to it in section 2 of the
Petroleum Mining Act (Chapter 44);
"petroleum" has the same meaning assigned to it in section 2 of the
Petroleum Mining Act (Chapter 44);
"petroleum data" includes -
(a)
raw and processed seismic data and interpretations thereof;
(b)
well data, including daily drilling reports. electric logs and other wireline surveys. mud logging reports and logs.
samples of cuttings and cores and analyses thereof;
(c)
all reports prepared from drilling data or geological or geophysical data, including completed maps or illustrations derived therefrom;
(4 all well completion and well testing reports:
(e)
reports dealing with location surveys and all other reports regarding well, treating plant or pipeline locations;
(%) reservoir investigations and estimates regarding reserves, field limits and economic evaluations relating to hture petroleum operations:
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(g)
contingency programmes and reports dealing with environmental matters. safety and accidents;
(I?) design drawings, criteria, specifications and constructioil records;
(i)
reports of technical audits and studies relating to petroleum operations;
0) reports of all other investigations based on data relating to any designated area under any petroleum mining Agreement;
(k)
with respect to any petroleum mining Agreement, any information or document relating to or describing -
(i)
the performance of all pre-exploration, exploration. appraisal, development or other works carried out by any person in connection with searching for, boring for or obtaining petroleum under or in coi-u~ectioi~ with the petroleum mining Agreement. including training of personnel and local business development:
(ii)
any wells drilled, the depth of each such wells, and any map on which drilling locations are indicated in respect of any designated area under the petroleum mining Agreement;
(iii)
any estimated quantity of petroleum, fresh water layers or significant quantities of other minerals encountered during petroleum operations under the petroleum mining Agreement;
(iv)
the number and details of employees or consultants engaged in petroleum operations under the petroleum mining Agreement;
(v)
any geological, geophysical, petrophysical and teclmical data, infrastructure construction, design and engineering materials and data,
1 1 1 1
s r e l a r l n g 1
io a v designated area under the petroleum mining
Agreement, including well log, production and completion report, status report, sample, core, test result, map, plan and account;
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o f Brunei Darussalam
(vi)
any estimate of petroleum reserves remaining to be recovered and the underlying analysis related thereto;
(vii)
any estimate of petroleum production and exports;
(viii)
details of goods and services sourced from persons in Brunei Darussalam relating to any petroleum operations in respect of any designated area under the petroleum mining
Agreement; or
(ix)
details of all purchases, transfers and disposals of any facility, land, building, installation and other assets together with equipment. machinery, tools, supplies, materials, consumables and any other goods of similar nature
(excluding any petroleum and any by-products of petroleum operations) acquired (through purchase. lease or otherwise) and which are held exclusively for use in petroleum operations in respect of any designated area under the petroleum mining
Agreement;
(1)
any record containing particulars of any of the following matters -
(i)
the drilling, deepening, plugging or abandonment of any borehole and well;
(ii)
the strata and subsoil through which any borehole and well are drilled;
(iii)
the casing inserted in any borehole and well and any alteration to such casing;
(iv)
any petroleum, water and workable minerals encountered;
(v)
the areas in which any geological or geophysical work has been carried out;
(vi)
original, processed or interpreted data or information resulting or derived from any geological, geophysical, seismic, topographical
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or.
geochemical surveys, research or experimentation carried out by, or for a person who is party to a petroleum mining Agreement.
and any related core samples; or
(vii)
geological maps and plans relating to any designated area under any petroleum mining
Agreement; and
(m)
any information or documents relating to the matters set out in section 46(3);
"petroleum mining Agreement" has the same meaning assigned to it in section 2 of the Petroleum Mining Act (Chapter 44);
"petroleum operation" means upstream petroleum operation.
midstream petroleum operation or downstream petroleum operation;
"petroleum product" has the same meaning as in the Petroleum
(Pipe-lines) Act (Chapter 45):
"petroleum regulatory undertaking of the Company" means -
(a)
all property and all liabilities of the Company (including all existing property and all existing liabilities and all liabilities arising after the appointed day in respect of the property and liabilities of the Company transferred to the Authority) acquired under, arising from or relating to the Company petroleum mining Agreements; and
(b)
such other property and liabilities of the Company as the
Minister may determine. other than the excluded property and the excluded liabilities of the Company;
"petroleum regulatory undertaking of the Government" means -
(a)
all property and all liabilities of the Government
(including all existing property and all existing liabilities and all liabilities arising after the appointed day in respect of the property and liabilities of the Government transferred tothe
Authority) acquired under, arising from o r relating to the
Government petroleum mining Agreements; and
(b)
such other property and liabilities of the Government as the Minister may determine, other than the excluded property and the excluded liabilities of the Government;
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o f Brunei Darussalam
"property" means property, assets, and rights of every description
(whether present or future. and, actual or contingent) wheresoever situated, including, without limitation. land. buildings, facilities, equipment, documents (incl-uding accounting records), interests, benefits, privileges and powers of every description;
"regulatory approval" means any consent. waiver, approval, permit. licence. authorisation, permission, confirmation or clearance from the Government;
"State Land" has the same meaning assigned to it in the Petroleum
Mining Act (Chapter 44);
"State Party" has the same meaning assigned to it in the Petroleum
Mining Act (Chapter 44);
"upstream petroleum operation" includes any operation or activity in connection with the exploration, appraisal, development, production, gathering, separation and treatment, storage and transportation (up to an agreed delivery point) of petroleum and decommissioning, abandonment and restoration operations or activities, including the planning of such operations or activities, and, without prejudice to the generality of the foregoing, includes -
(a)
the search for petroleum by geological, geophysical or other methods and the drilling of wells in this regard, including, but not limited to, processing work, drilling of exploration wells or appraisal wells, appraisal operations and the performance of other technical or economic feasibility studies;
(b)
the engineering, planning, design, construction and installation of facilities for the development or production of petroleum and the drilling of wells in this regard, including, but not limited to, the purchase of materials and equipment, drilling of development or production wells, construction and installation of equipment, lines, facilities, plants and systems in and outside any designated area, which are required for production, treatment, waste disposal, transport, storage and lifting of petroleum and for recycling and other secondary and tertiary recovery projects;
(c)
all other operations or activities performed in connection with the ongoing and continuous production, treatment, transport, storage and lifting of petroleum and its by-products,
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including, but not limited to, improved or enhanced recovery operations such as injection. recycling. recompression, pressure maintenance. treatment of discharged water. water flooding and abandonment; and
(d)
all activities required to return any site to its original condition prior to the commencement of any petroleum operation at such site including, but not limited to, proper abandonment of wells or other facilities, removal of equipment, structures and debris, establishment of compatible contours and drainage, replacement of top soil. re-vegetation. slope stabilisation, in-filling of excavations and any other appropriate actions in the circumstances.