PETROLEUM (PRODUCTION)  [ S.L.156.01 1
SUBSIDIARY LEGISLATION 156.01
PETROLEUM (PRODUCTION) REGULATIONS
1st December, 2001
Legal Notice 320 of 2001.
Title.
Regulations.
Interpretation.
Cap. 386.
"company" means a limited liability company constituted in
terms of the Companies Act, or a similar body corporate
established or incorporated outside Malta;
Cap. 194.
"continental shelf" has the same meaning as is assigned to it in
article 2 of the Continental Shelf Act;
Cap. 156.
Cap. 386.
"licence" means a licence pursuant to the Petroleum (Production)
Act or pursuant to that Act and to that Act as applied by the
Contintental Shelf Act;
"licensee" means the company to whom the licence is granted, its
representative appointed under the licence and any company to
whom the rights conferred by the licence may lawfully have been
assigned;
"Malta" has the same meaning as is assigned to it in article 124
of the Constitution of Malta;
"Minister" has the same meaning as is assigned to it by article 2
of the Petroleum (Production) Act;
"person" includes a body or association of persons, whether
incorporated or otherwise.
Types of licences.
regulations for -
( a ) a production licence; or
( b ) an exploration licence.
(2) A production licence may also provide for the rights to
search for petroleum.
Applications for 
licences.
4. (1) An application for either type of licence shall be made
in writing in the form set out in the Schedule or in a form
substantially to the like effect addressed to the Minister and shall
be accompanied by the appropriate fee and by such information and
by such evidence in support thereof as is referred to in the Schedule
and is appropriate to that application.
(2) If any of the matters stated in an application shall change
after the application is made but before a licence is granted or the
Minister informs the applicant that the application is refused, the
applicant shall forthwith give notice in writing to the Minister
giving particulars of the change.
2 [ S.L.156.01 PETROLEUM (PRODUCTION) 
(3) All information comprised in or furnished to the Minister
in pursuance of an application for a licence shall be treated as
confidential.
(4) Every application for a production licence pursuant to
these regulations shall be -
( a ) in respect of one or more blocks or areas described or
specified by a notice published in accordance with
subregulation (5);
( b ) lodged not earlier than or later than the dates specified
by such a notice as the dates after and before which
respectively the Minister is prepared to receive
applications in respect of the blocks or areas so
specified.
(5) The notice referred to in subregulation (4)( a ) is a notice
published from time to time by the Minister in the Gazette and in
any such other manner as may be required under international
obligations entered into by the Government, describing or
specifying by reference to a map deposited at the Office of the
Minister and at such other places (if any) as may be specified in the
notice, areas (in these regulations referred to as "blocks" or
"areas") to which reference numbers or letters shall be assigned, in
respect of which he is prepared to receive applications for
production licences and specifying the dates within which
applications in respect of the blocks or areas so specified are to be
made.
(6) The public call for applications referred to in this article
shall be made at least ninety days prior to the closing date for such
applications.
(7) An application for an exploration licence may be made in
respect of the whole or any part of Malta and the continental shelf,
but so that the rights conferred by any exploration licence which is
granted shall not be exercisable in any area in respect of which a
licence granted by the Minister is for the time being in force,
entitling the grantee thereof to search and bore for and get
petroleum, except with the agreement of the holder of that licence
to the exercise in that area of any rights granted by that exploration
licence.
(8) Nothing in this regulation shall prevent more than one
application being made by the same company or more than one
licence being granted to it.
Fees. 5. (1) With every application for a production licence there
shall be paid a fee of five thousand liri (Lm 5,000).
(2) With every application for an exploration licence there
shall be paid a fee of one thousand liri (Lm 1,000).
Minister to publish 
notice of grant, 
etc., of a licence.
Cap. 196.
Cap. 194.
6. The Minister shall, after the grant, surrender,
determination or assignment of a licence made pursuant to the
Petroleum (Production) Act or pursuant to that Act and to that Act
as applied by the Continental Shelf Act or to these regulations or to
any licence granted thereunder, publish notice of the fact in the
Gazette and in any such other manner as may be required under
PETROLEUM (PRODUCTION)  [ S.L.156.01 3
international obligations entered into by the Government, giving
particulars thereof.
Form of licences.
shall incorporate the model clauses respectively set out in the
Model Production Sharing Contract (2001 ) and the Model
Exploration Study Agreement (2001) and other terms and
conditions as may be specified in the call for applications or as may
be agreed to by the Minister and licensee in any particular case.
Copies of the model clauses may be obtained on application from
the Oil Exploration Department at the Office of the Prime Minister.
SCHEDULE
(Regulation 4)
Form of Application for a Production Licence
or an Exploration Licence
1. Name of applicant in full.
2. ( a ) Place of registration or incorporation.
( b ) Principal place of business.
( c ) Place of central management and control.
( d ) Particulars of the members of the board of directors or
other governing body of the corporate body, as
follows:
(1) Full names
(2) Usual residential address
(3) Nationalities
3. ( a ) Particulars of capital authorised and issued, as follows:
(1) Class of Capital
(2) Amount Authorised
(3) Amount issued
(4) Amount paid up
(5) Voting rights of each class
( b ) The annual reports and balance sheets, if any, for the
three years immediately preceding the application
accompanying the application.
( c ) Particulars of all holdings of not less than 5  per centum
in number or value of any class of capital which has
been issued by the corporate body as follows:
(1) Name of holder or names or joint holders, in full
(2) Class of holding
(3) Amount
(4) Nationality of holder(s)
( d ) Particulars of all capital issued to bearer, as follows:
4 [ S.L.156.01 PETROLEUM (PRODUCTION) 
(1) Class of capital
(2) Total amount issued
(3) Amount issued to bearer
4. Particulars of previous experience in exploration and/or
production of petroleum and availability of specialised personnel
and equipment.
5. If the application is for an exploration licence -
( a ) Description of the area in respect of which the
application is submitted, such an area being also
shown on a map accompanying the application.
( b ) Description of the exploration intended to be carried
out, including an indication of the methods to be used
and information as to any sea or air craft intended to
be utilised.
6. Type of licence applied for, and if a production licence,
reference number(s) or letter(s) of the block(s) or area(s) in respect
of which the application is made.
I hereby declare that the information given above or
annexed to this application is correct.
Date
Signature of a duly authorised
officer of the body corporate
whose capacity is to be stated.
