Regulation 3 Liability to pay the levy
A licensee who, at the relevant time, holds a petroleum licence which is an offshore production licence or an offshore exploration licence is liable to pay a levy to the OGA in respect of the relevant charging period.
Subject to paragraph (3), for each offshore production licence which a licensee holds at the relevant time, the licensee is liable to pay a levy of—
£934.18 where—
the licensee is a micro enterprise, and
the licence is a promote licence and the Promote Period has not expired; or
£9,341.76 where sub-paragraph (a) does not apply.
For each offshore production licence which a licensee holds at the relevant time, and under which, at that time, the licensee is entitled to—
erect or carry out any relevant works (within the meaning of the licence) either in the licensed area or elsewhere, for the purpose of getting petroleum from that area or for the purpose of conveying to a place on land petroleum got from that area, or
get petroleum from that area otherwise than in the course of searching for petroleum, drilling wells or testing wells,
the licensee is liable to pay a levy of £65,444.77.
Where at the relevant time a licensee holds an offshore exploration licence, the licensee is liable to pay a levy of £9,341.76.
Where the licensee is more than one person—
liability to pay the levy is joint and several, and
the levy specified under paragraph (2)(a) only applies if every person who is the licensee is a micro enterprise.
In this regulation—
-
“micro enterprise” has the meaning given in article 2(3) of the Annex to Commission Recommendation 2003/361/EC of 6th May 2003f1 concerning the definition of micro, small and medium-sized enterprises;
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“offshore exploration licence” means a petroleum licence of the sort referred to in regulation 2(2)(a) of the Offshore Exploration (Petroleum, and Gas Storage and Unloading) (Model Clauses) Regulations 2009f2, relating to an area any part of which lies within offshore waters;
-
“offshore production licence” means a petroleum licence relating to an area any part of which lies within offshore waters which is not an offshore exploration licence;
-
“offshore waters” means—
- (a)
the waters comprising the territorial sea of the United Kingdom, and
- (b)
the sea in any area for the time being designated under section 1(7) of the Continental Shelf Act 1964f3;
- (a)
-
“promote licence” means an offshore production licence in which, in accordance with the model clauses prescribed by the Petroleum Licensing (Production) (Seaward Areas) Regulations 2008f4—
- (a)
a “Promote Period” (within the meaning of the licence) is specified, and
- (b)
a clause is included concerning the effect of the expiry of the Promote Period in relation to the continuation of the licence beyond that period;
- (a)
-
“relevant time” means 12.01a.m. on 1st April 2017.
Annotations
Footnotes
- f1
-
OJ No L 124, 20.5.2003, p36.
- f2
-
S.I. 2009/2814, amended by S.I. 2016/912.
- f3
-
1964 c. 29; section 1(7) was amended by the Oil and Gas (Enterprise) Act 1982 c.23, section 37, Schedule 3, paragraph 1, and the Energy Act 2011 c. 16, section 103.
- f4
-
S.I. 2008/225, amended by 2009/229, 2009/3283, S.I. 2016/912