regulations relating to the petroleum register - norwegian ... · and in the joint venture which...

3/14/2016 Regulations relating to the Petroleum Register - Norwegian Petroleum Directorate

http://www.npd.no/en/Regulations/Regulations/Petroleum-register/ 1/9

Regulations relating to the PetroleumRegisterLaid down by Royal Decree 19 June 1997 pursuant to Act 29 November 1996 no 72relating to petroleum activities, section 61 and section 1018.

CONTENTS

Chapter 1 Introductory provisions

Section 11 DefinitionsSection 12 RegistrarSection 13 Electronic data processing etc.Section 14 Public access etc.

Chapter 2 Registration of licences etc.

Section 21 Registration of licences, register unitSection 22 Information about the register unitSection 23 The notification duty of the licensee etc.

Chapter 3 Registration of rights etc.

Section 31 Rights which may be registeredSection 32 Register titlesSection 33 Conditions for registrationSection 34 Mortgage deedsSection 35 Effects of registration

Chapter 4 Procedures for registration etc.

Section 41 General information about the proceduresSection 42 Documents etc.Section 43 Fees



Section 44 Certificates

Chapter 5 Sundry provisionsSection 51 Computer securitySection 52 Deletion etc.Section 53 Errors in registrationSection 54 Appeals etc.Section 55 The liability of the State

Chapter 6 Entry into force and transitional provisionsSection 61 Entry into force etc.Section 62 Transitional provisions

Chapter 1Introductory provision

Section 11Definitions

In these regulations the following definitions shall apply:a) the petroleum Act, Act 29 November 1996 no 72 relating to petroleum activities,

b) the public registration Act, Act 7 June 1935 no 2 relating to public registration,

c) the maritime Act, Act 24 June 1994 no 39 relating to shipping,

d) The public administration Act, Act 10 February 1967 relat ing to procedure in casesconcerning the public administration,

e) licences, production licences as mentioned in the petroleum Act section 33 and licencesto install and operate facilities for transportation and utilisation of petroleum as mentionedin the same Act section 43,

f) participating interest, the pro rata share which a licensee holds at any time in a licenceand in the joint venture which follows from the cooperation agreement which is associatedwith the licence,



g) facilities, installations, plants etc as mentioned in the petroleum Act section 16 d, andwhich have been placed pursuant to the same Act sections 33 and 43.

Section 12Registrar

The Petroleum Register is kept by the Norwegian Petroleum Directorate.

Section 13Electronic data processing etc.

The Petroleum Register is kept by means of electronic data processing. The registrar shallkeep a journal by taking a hardcopy printout every day which includes all registrationsmade during the day. The hardcopy printouts of the journal shall be kept all together in aseparate file.

Section 14Public access etc.

The register is public, and printouts from the register may be requested. When a printout isprovided from the register, a fee shall be paid to the Norwegian Petroleum Directorateamounting to one third of the standard court fee in respect of each licence comprised by theprintout. Attestation that the fee has been paid, shall be included with the demand forprintout. If warranted for particular reasons, the registrar may consent to payment after theprintout has been made.

Chapter 2Registration of licences etc

Section 21Registration of licences, register unit

The registrar shall register all licences in the Petroleum Register. Each licence constitutes aseparate register unit.

Section 22



Information about the register unitThe Petroleum Register shall contain information on the number of the licence, the date ofgranting, the duration of the licence, what natural persons or corporate bodies that arelicensees, the size of the participating interests of the licensees in the licence and the nameof the operator. If the state participates directly in the licence, the register shall containinformation about the size of the participating interest of the state. If a current fine has beenimposed, the register shall contain information about this until the fine is discontinued.

The Ministry may decide that further information shall be registered.

Section 23The notification duty of the licensee etc.

The licensee shall submit notification in writing to the registrar in respect of the followingchanges in the licence:

a) change of operator pursuant to the petroleum Act section 37,

b) change of company name,

c) extension of the production licence pursuant to the petroleum Act section 39,

d) surrender of the production licence pursuant to the petroleum Act section 315,

e) mortgaging of the licence or share of the licence pursuant to the petroleum Act section 62,

f) transfer of the licence or share of the licence etc as mentioned in the Petroleum Actsection 1012 first paragraph, and other arrangements changing the distribution of thelicensee’s participating interest in the licence,

g) revocation of the licence pursuant to the petroleum Act section 1013.

Notification shall be given as soon as the change is approved by the authorities. In the caseof change of company name, notification shall be given as soon as the change has beenregistered in the Norwegian Register of Business Enterprises. In the case of change asmentioned in the petroleum Act section 39 second paragraph and section 315, notification shall be given as soon as the changetakes effect. The notification shall be signed by the person authorised to sign for thecompany.

Changes in the licence which are subject to notification duty according to the firstparagraph shall be registered in the Petroleum Register.

In the event of breach of the notification duty the registrar may according to the rules of the



petroleum Act section 1016, impose on the licensee a current fine of up to twice thestandard court fee per day until such time as written notification has been submitted. Thefine shall nevertheless cease after 30 days.

The registrar may of his own initiative register information subject to the duty ofnotification if the licensee fails to comply with this duty. In cases where a current fine hasbeen imposed, the registrar may register the information of his own initiative when thecurrent fine has ceased. The registrar shall give information in writing to the licensee assoon as such registration has taken place.

Chapter 3Registration of rights etc

Section 31Rights which may be registered

Documents purporting to establish, change, transfer, encumber, recognise or repeal a rightpertaining to a licence or a share in a licence are registered in the Petroleum Register.

Section 32Register titles

Register titles are held by those designated by the Petroleum Register as the licensee, or bysomeone proving he is licensee. If a licence is granted to a group of licensees, the licenseegroup has the register title in relation to the licence, while the individual licensees haveregister title in relation to their respective participating interests.

The one holding register title, also has a register title in relation to rights under agreementsentered into in connection with the licence, including agreements concerning processing,storage and transportation of petroleum. Register title also includes rights in relation tofacilities which are not registered in another register of mortgages, and which are not placedon land or seabed which is subject to private property rights.

Section 33Conditions for registration

Rights as set out in section 31 cannot be registered in the Petroleum Register unless theparty that has executed the document has a register title or the consent of the holder of aregister title.



The registrar may, nevertheless, of his own initiative make such registration if thenotification duty according to section 23 has not been complied with, cf section 23 fifth paragraph.

A document cannot be registered until necessary public consents pursuant to the PetroleumAct have been granted.

Section 34Mortgage deeds

In the case of mortgaging of an entire licence, the mortgage deed shall state the type oflicence and the number of the licence. The mortgage deed shall, furthermore, in generalterms state the rights linked with the licence and activities carried out pursuant to thelicence. In this connection shall be indicated which rights, according to agreements enteredinto in connection with the licence that are included in the mortgage.

In the event of mortgaging of a participating interest in a licence, the mortgage deed shall inaddition to the information mentioned in the first paragraph also state the size of theparticipating interest.

The mortgage deed shall indicate a definite amount or a maximum amount for the claim.The amount shall be indicated in Norwegian currency, or in a foreign currency, which isnormally quoted on the exchange in Norway.

Section 35Effects of registration

The rules of sections 2027 of the public registration Act shall be applicable as appropriate.

Chapter 4Procedures for registration etc

Section 41General information about the procedures

An extract of the document shall be registered in the Petroleum Register. The documentshall be endorsed with a confirmation of the registration, and a copy shall be filed.

The registration shall include the number of the document, the date of registration andwhich rights or changes in the licence the document represents. In the registration ofinformation relating to the licence the provisions of sections 22, 23 and 52 are also



applicable.

The registration shall not contain information, which is subject to a duty of secrecy imposedby or pursuant to statutory acts.

Section 42Documents etc.

A document, which someone wants to register, shall be submitted to the registrar with anoriginal and a copy. With regard to documents relating to rights there shall be a copy onpublic registration paper. The document shall be written in Norwegian or English and a translation into Norwegian may be demanded. The document should not contain more thanthat which can be registered.

Documents arriving at the Petroleum Register prior to 1200 noon, will be registered on thesame day. Documents arriving after 1200 noon, will be registered the next business day.

If the registrar finds that the document can obviously not be registered, it shall be returnedto the requesting party without registration. If the registrar otherwise finds that thedocument cannot be registered, the provisions in the public registration Act, chapter 2,concerning refusal of public registration shall be correspondingly applicable as appropriate.

Section 43Fees

In respect of registration of mortgages, a fee amounting to 10 times the standard court feeshall be paid to the Norwegian Petroleum Directorate.

Proof that the fee has been paid shall be enclosed with the demand for registration. If suchproof is not included, receipt of the document shall be refused, and the document shall beconsidered as not having been received.

Section 44Certificates

Registered documents concerning transactions shall be endorsed with the date ofregistration and the document number. In addition, mortgages shall be endorsed withregistered encum brances, which may affect the right of the mortgagee. Such endorsementsand special certificates of mortgages may be given in the form of printouts from theregister.



Chapter 5Sundry provisions

Section 51Computer security

The registrar shall see to it that information in the Petroleum Register is collected,registered, stored and used in a responsible manner. Safety copies shall be taken of thePetroleum Register.

Section 52Deletion etc.

When the registrar receives written notification from the licensee to the effect that a licenceexpires, is surrendered or revoked, it shall be deleted and the reason therefore shall bestated. If a participating interest in a licence is surrendered or revoked, the information,which applies to the said interest in particular shall be deleted.

Deletion according to the first paragraph entails that encumbrances in the licence orparticipating interest are deleted. With regard to deletion of encumbrances in other respects,the maritime Act section 29 shall be applicable as appropriate.

The rules about statutory limitation of legal protection pursuant to the public registrationAct chapter 3, shall not be applicable.

In cases as mentioned in the petroleum Act section 64, deletion cannot be undertaken until notice has been given to the mortgagee, and only if he then fails to request forced salewithout undue delay.

Section 53Errors in registration

If the registrar becomes aware that an entry in the Petroleum Register is incorrect, or thaterrors have been made in some other way, the registrar shall correct the error. If someonedue to the error has received incorrect information, the registrar shall to the extent possibleinform the party in question about the correction by registered letter.

Section 54Appeals etc.

The rules of the public administration Act chapter VI shall be applicable. Legal actioncannot be brought until there is a final decision in relation to the appeal.



Section 55The liability of the State

The State is responsible for registration errors to the extent that this follows from general

rules relating to damages.

Chapter 6Entry into force and transitional provisions

Section 61Entry into force etc.

These regulations enter into force 1 July 1997. The regulations of 12 June 1985 no 1188

relating to the petroleum register are repealed as from the same date.

Section 62Transitional provisions

If an item of information relating to the register unit, which has been included pursuant to

the regulations of 12 June 1985 no 1188 is obviously incorrect, the registrar shall correct

the error by 1 October 1997. The licensee shall be notified and given a time limit for

comments before such correction is carried out.

17.09.2008

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English version is not necessarily updated according to recent changes at any time.