{
  "url": "https://openlegislation.uk/petroleum-licensing-amendment-regulations-2009/note",
  "json_url": "https://openlegislation.uk/petroleum-licensing-amendment-regulations-2009/note.json",
  "legislation": "uksi/2009/3283",
  "legislation_title": "The Petroleum Licensing (Amendment) Regulations 2009",
  "legislation_url": "https://openlegislation.uk/petroleum-licensing-amendment-regulations-2009",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations amend the following instruments:\n(1) the Petroleum (Production) (Seaward Areas) Regulations 1988 (“the 1988 Regulations”);\n(2) the Petroleum (Production) (Landward Areas) Regulations 1995 (“the 1995 Regulations”);\n(3) the Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004 (“the Principal Regulations”); and\n(4) the Petroleum Licensing (Production) (Seaward Areas) Regulations 2008 (“the 2008 Regulations”).\nBy section 4(1)(e) of the Petroleum Act 1998, model clauses prescribed under that section are to be incorporated in licences granted under section 3 of that Act, unless the Secretary of State thinks fit to modify or exclude them in any particular case. The Principal Regulations prescribe the current model clauses for petroleum exploration and development licences, and the 2008 Regulations prescribe the current model clauses for seaward area production licences. Petroleum exploration and development licences grant exclusive rights to explore for and produce petroleum in areas, specified in the licence, which lie on the landward side of the line dividing “landward areas” from “seaward areas” (and which in the 2004 and the 2008 Regulations is specified to coincide with the baselines of the UK territorial sea). Seaward area production licences grant such rights in specified areas which lie on the seaward side of that line.\nRegulation 2, by amending the 1988 and the 1995 Regulations, prescribes new application fees for, respectively, seaward area production licences and petroleum exploration and development licences.\nRegulation 3(1) amends the definition of “landward area” contained in regulation 2 of the Principal Regulations. The scope of the model clauses prescribed for petroleum exploration and development licences is thereby aligned with that of the clauses previously prescribed by the 1995 Regulations, with the result that the current model clauses for such licences will no longer apply to any licences that may be granted in respect of certain areas on the landward side of the baselines of the UK territorial sea. Regulation 3(2) omits three superfluous definitions from those clauses.\nRegulation 4(1) amends the definition of “seaward area” contained in regulation 1(2) of the 2008 Regulations. The scope of the model clauses prescribed for seaward area production licences is thereby aligned with that of the clauses previously prescribed by the 1988 Regulations, with the result that the current model clauses for such licences will apply to any licences that may be granted in respect of certain areas on the landward side of the baselines of the UK territorial sea (and not only to licences in respect of areas on the seaward side of those baselines).\nRegulation 4(3) to (5) makes minor clarificatory amendments to clauses 2, 3 and 5 of the model clauses prescribed by the 2008 Regulations. In particular, the amendments to clause 5 make clear that giving a notice under that clause to continue a licence containing an Early Surrender Period is to be regarded as an option rather than an obligation of the Licensee. The amendment made by regulation 4(6) ensures that certain powers of the Minister to request information relating to activities under the licence are exercisable concurrently by the Chancellor of Exchequer.\nAn Impact Assessment has not been prepared for this instrument as no impact on the private or voluntary sectors is foreseen.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2009/3283/note",
    "retrieved_at": "2026-10-29T02:58:39.089515+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}