A Guide to Hydrocarbon Licences in Denmark, Exploration and ...

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Act No. 442 of 9 June 2004 on Due Process Protection in connection with the Public Administration’s Use of Compulsory Measures and Duties of Disclosure, 6) whose section 12 amended section 27(1) of the Subsoil Act, contains the following commencement provision: Section 24 This Act shall come into force on 1 January 2005. Act No. 548 of 6 June 2007 to amend the Act on the Use of the Danish Subsoil, the Act on Electricity Supply, the Act on Coastline Protection, the Act on Harbours and various other Acts, 7) whose section 1 amended the footnote to the title, section 2a, section 11(3), section 26(2)-(4), sections 28a- 28c, and section 37a(1) of the Subsoil Act, contains the following commencement provision: Section 9 (1) This Act shall come into force on the day after the promulgation in the Danish Law Gazette. Subsection (2) omitted. Act no. 1400 of 27 December 2008 to amend various Acts within the administrative sphere of the Ministry of Climate and Energy, 8) section 2 of which amended section 34a of the Subsoil Act, contains the following commencement provision. Section 9 This Act shall come into force on 1 January 2009. Act No. 718 of 25 June 2010 to amend the Insolvency Act and various other Acts, of which section 51 amended section 30(1)(iii) of the Subsoil Act, contains the following commencement provision: Section 55 (1) The Minister of Justice shall determine when the Act shall come into force.9) (2)-(10) (Omitted)
Act No. 541 of 30 May 2011 to amend the Act on the Use of the Danish Subsoil,10) which amended section 1(3), section 2a, section 5(4), section 10, section 12a(3), section 13(2), section 16, sections 18a-18d, sections 23-23v, sections 28a, 28b, 37a and 37b, contains the following commencement provision: Section 2 (1) This Act shall come into force on 1 June 2011. (2) (Omitted) The Danish Energy Agency, 13 September 2011 IB LARSEN /Jens Skov-Spilling 2) The Amendment Act contains provisions implementing the Directive of the European Parliament and of the Council on the conditions for granting and using authorizations for the prospection, exploration and production of hydrocarbons (the Hydrocarbons Licensing Directive), and parts of the Council Directive on the assessment of the effects of certain public and private projects on the environment (the EIA Directive). 3) The Amendment Act implements the Convention of 25 June 1999 on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the Aarhus Convention). 4) The Amendment Act authorizes The Minister for Climate and Energy to enter into agreements with other countries to coordinate the exploration for and production of hydrocarbon accumulations extending into the sovereign territory of the relevant country (border-straddling accumulations). In addition, the Amendment Act modernizes and clarifies the rules regarding the reimbursement of public authority expenditure for administrative case handling under the Subsoil Act. 5) The Amendment Act, which came into force on 31 December 2003, implements the agreement of 29 September 2003 made between the Minister for Economic and Business Affairs and A.P. Møller – Mærsk A/S regarding exploration and production of hydrocarbons in the Danish subsoil. The amendment permits licences for exploration and production that already from the date of issue have a longer duration, but no more than 50 years, than permitted under the provisions hitherto. In addition, the Amendment Act renders it possible to extend existing licences beyond 50 years. 6) Pursuant to the Danish Act on Due Process Protection in connection with the Public Administration’s Use of Compulsory Measures and Duties of Disclosure the supervisory authority must deem an imminent risk of inappropriate exploitation of the subsoil to exist for the supervisory authority to have access to the licensee’s business without a prior court order. 7) The Amendment Act, which came into force on 8 June 2007, contains provisions implementing parts of the Council Directive on the conservation of natural habitats and of wild fauna and flora (the Habitats Directive) and parts of the Council Directive on the conservation of wild birds (the Birds Directive). 8) The Amendment Act authorizes the Minister for Climate and Energy to lay down rules regarding an exemption from the obligation to include records of technical specifications, etc. in the Danish Law Gazette. 9) Section 51 of Act no. 718 of 25 June 2010 to amend the Insolvency Act and various other Acts came into force on 1 April, see Executive Order No. 208 of 15 March 2011 on the Commencement of the Amendment of the Insolvency Act and various other Acts (Restructuring, etc.) 10) The amendment implements parts of the Directive of the European Parliament and of the Council on the promotion of the use of energy from renewable sources and parts of the Directive of the European Parliament and of the Council on the geological storage of carbon dioxide. Moreover, the amendment makes it possible for the Minister to refuse to consider an application for the exploration for and production of one or more raw materials where such activities cannot be expected to be compatible with other ongoing or planned use of the subsoil or with appropriate exploitation of the subsoil in other respects. At the same time, it is proposed that various provisions regarding the granting of licences for the exploration for and production of geothermal energy be laid down. Furthermore, the provision authorizing the Minister to stipulate coordinated production and utilization of installations for producing and transporting oil and gas has been revised.
Page 1 and 2: A Guide to Hydrocarbon Licences in
Page 3 and 4: Colophon Title: Guide to Hydrocarbo
Page 5 and 6: 1. Government Administration in the
Page 7 and 8: Contact Persons for Specific Activi
Page 9 and 10: Naturstyrelsen (Nature Agency) Webs
Page 11 and 12: 2. General Regulations, etc., for O
Page 13 and 14: • National Environmental Research
Page 15 and 16: 2.4.3 Collection of the Reimburseme
Page 17 and 18: 4. Drilling Operations 4.1 Explorat
Page 19 and 20: 5. Offshore Emergency Response Plan
Page 21 and 22: ALARM Operator/ Operating company A
Page 23 and 24: 6.4. Protection of certain species
Page 25 and 26: marine environment in the Danish ex
Page 27 and 28: (3) Substantial changes and supplem
Page 29 and 30: panies that is granted licences joi
Page 31 and 32: (3) The Minister for Climate and En
Page 33 and 34: a licence for storage or purposes o
Page 35 and 36: (3) The holder of a licence pursuan
Page 37 and 38: (ii) following an application from
Page 39 and 40: (3) CO2 transport network and stora
Page 41 and 42: (i) this is necessary in the intere
Page 43 and 44: 37. The Minister for Climate and En
Page 45: (1) This Act shall come into force
Page 49 and 50: obligations which are not justified
Page 51 and 52: (b) has been the subject of a previ
Page 53 and 54: 3. any changes made to the conditio
Page 55 and 56: 5. Measures taken pursuant to this
Page 57 and 58: Act on Safety, etc. for Offshore In
Page 59 and 60: Part II General Duties Distribution
Page 61 and 62: 13. The employees shall participate
Page 63 and 64: i) Identification of the risks that
Page 65 and 66: Part IV Construction, Arrangement,
Page 67 and 68: combating measures, cf. section 59
Page 69 and 70: employees. The Minister for Transpo
Page 71 and 72: 65. The licensee, operator, operati
Page 73 and 74: iv) the use of justifiable working
Page 75 and 76: i The Act contains provisions imple
Page 77 and 78: transport through the pipeline, DON
Page 79 and 80: amount for separation that is equal
Page 81 and 82: _______________________ Act No. 142
Page 83 and 84: Unofficial translation of Danish Ex
Page 85 and 86: Unofficial translation of Danish Ex
Page 87 and 88: Penalties, etc. 5.- (1) Any infring
Page 89 and 90: II. Geochemical surveys 1. Reports:
Page 91 and 92: 6. For all production tests carried
Page 93 and 94: Executive Order No. 684 of 23 June
Page 95 and 96: 5.- (1) After having consulted the
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Unofficial translation. In case of
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4 Financial statements when a compa
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submitted shall be identical to the
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Co-licensee disclosure form for dev
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UNOFFICIAL TRANSLATION L I C E N C
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Page Sect. 27 Connection to pipelin
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Section 1 (1) For the purpose of th
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Section 4 (1) The Licensee shall ca
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(2) The Danish Energy Authority may
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Section 18 (1) The Licence is grant
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c) Each year submit a summary of th
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Section 24 (1) Any equipment, proce
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(3) At the end of each calendar yea
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(4) If production has been initiate
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the submission of a winding-up plan
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Annex 1 to Licence No. x/xx for Exp
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UNOFFICIAL TRANSLATION L I C E N C
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Sect. 31 Liability for damages ....
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Section 1 (1) For the purpose of th
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(2) Where the Licensee discovers an
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(Not used) Section 8-12 Section 13
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year shall correspond to the calend
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employed by or performing duties fo
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(3) At the end of each calendar yea
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temporarily non-viable commercially
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equire the Licensee to remove all o
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Annex 1 to Licence No. x/xx for Exp
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• DRAFT MODEL Danish Energy Agenc
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ii 3.14 Rentals, Taxes, Fees and Ch
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iv 9. ASSIGNMENTS AND ENCUMBRANCES
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This Agreement is made as of the da
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2. INTERESTS OF THE PARTIES 2.1 Per
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(g) the direction and control of ac
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(f) promptly notify the Non-Operato
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(iv) copies of evaluations and repo
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insurance. The Operator shall, in r
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3.14 Rentals, Taxes, Fees and Charg
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3.17.3 Selection of a New Operator
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(ii) the net funds (to be defined i
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4.3.2 Special Meetings The Operatin
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4.7 Voting Procedure 4.7.1 Voting I
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Committee of the application and th
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ment, storage and processing, and o
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5.9 Authorisation to Proceed 5.10 A
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7. SOLE RISK OPERATIONS AND DEVELOP
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7.4.2 Use of Joint Risk Property So
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7.5 Consequences 7.5.1 Access to Da
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7.6.3 Development by Less than All
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Non-participating Parties shall be
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9. ASSIGNMENTS AND ENCUMBRANCES 9.1
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9.2 Option to Purchase 9.2.1 Bona F
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10. WITHDRAWAL 10.1 Rights 10.1.1 N
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therefor as is acceptable to all su
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11.2 Remedy of Default The Defaulti
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and the Defaulting Party shall prom
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12.2.5 Mutual Indemnification Witho
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12.5 Force Majeure The obligations
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13. DEFINITIONS AND INTERPRETATIONS
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(dd) "Subsoil Act" means the Consol
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DRAFT MODEL February 2009 LICENCE X
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Licence ……. - Accounting Proced
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Licence ….. - Accounting Procedur
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Unofficial translation. In case of
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ing a fisheries expert if the vesse
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Information sheet, offshore, amende
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Information sheet, offshore, amende
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Danish Energy Agency 2 Guidelines f
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Danish Energy Agency 10 Guidelines
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