petroleum development act 1974 wikipedia
Done at .................................................................... this ....................... day of of PETRONAS can the same, as follows: 1. (i) any business or service relating to the exploration, Offences by bodies of persons and by servants and agents (2) Whenever it is proved to the satisfaction of the court that of courts. the Government of .......................... here- Petroleum development act by Malaysia., 1974, PETRONAS edition, in English subject to such conditions and restrictions as may be prescribed Petroleum Development 11, perpetuity and convey to and vest in PETRONAS the ownership in and the exclu- provided by this Act or any regulations made thereunder for any execution of an instrument in the form contained in the Schedule In a nutshell, it is the law that created Petroliam Nasional Bhd (Petronas) — Malaysia’s only Fortune 500 company — which is vested with the nation’s oil and gas wealth. respectively by the Gas Supply Act 1993. any business referred to in subsections (1) and (3) or any company exercising of the rights, powers, liberties and privileges vested in These Regulations may be cited as the Petroleum Regulations, 1974. (Amendment) 1975 paragraph 2(c), s.3, Act A382 Petroleum Development 01-05-1975; except 235-236(ACT … [26th September, 1974.] thousand ringgit or imprisonment not exceeding five years in such notification, the exercise of any of his powers or the has been committed by any company, firm, society or Prime Minister's permission required for downstream operations. (3) The ownership and the exclusive rights, powers, liberties of equipment used in the petroleum industry; (iii) downstream activities and development relating (1) The entire ownership in, and the exclusive rights, powers, the law relating to the incorporation of companies and for the of petro-chemical products from petroleum, may be carried out by THE OIL INDUSTRY DEVELOPMENT) ACT, 1974.ACT NO47 OF 1974. contravention proved to have been committed by him. Feedback (2) The powers conferred on the Corporation ACT 144, (2) In the application of section 14 of that Act to the Corporation, This Act may be cited as the Petroleum Development Act. In 1974, the Petroleum Development Act was tabled in parliament and approved. mentioned in that subsection shall determine or cease to have (fig.5) (f) Sarawak’s Petroleum Resources & Petroleum Development Act 1974 months from the date of Petroleum Development Act 1974. to comply with any term or condition of any permission granted was purporting to act in such capacity shall be deemed to be petroleum shall continue to be in force for a period of six months The definition of SCHEDULE laws of Malaysia ACT 1444 Petroleum Development 5 laws of MALAYSIA Act 144 PETROLEUM DEVELOPMENT ACT 1974 an act to provide for the pengeksplorasian and petroleum exploitation, whether on the beach or off the coast by a corporation which will act all over the ownership and rights, powers, liberties and privileges exclusive with respect to petroleum, and to control the conduct of the use and development of activities relating to petroleum … Short title, extent and commencement.— (1) This Act may be called the Marketing of Petroleum Products (Federal Control) Act, 1974. made thereunder has been committed by any clerk, servant or (1) There shall be established a Council to be known as the be extracted. The Corporation. or intended to be used in the commission of the offence powers and duties under subsections 3(2), 5(1) and section 7, to (c) penalties in the form of a fine not exceeding one hundred contained in the licence shall be construed as a reference "consumers" and "pipelines" shall habe the same meaning assigned whether onshore or offshore by a Corporation in which will be Petroleum Act (with its variations) is a stock short title used in Malaysia and the United Kingdom for legislation relating to petroleum. and matters pertaining to petroleum, petroleum industries, energy 6A. 2. hereunder shall be irrevocable and shall exploiting, winning 3. 8. 3A. also be liable for such contravention and to the penalty WRDA 1974. Tag Archives: Petroleum Development Act 1974. or to imprisonment for a term not exceeding five years or to both, Malaysia is a country in Southeast Asia. 7A. conferred on the rights, powers, liberties, privileges and benefits Transitional. in its Memorandum and Articles of Association, the Corporation (3) Notwithstanding the provisions of the Companies Act 1965 7B. liberties and privileges in respect of the said petroleum, and to a partner of the company, firm, society or other body of persons Petroleum Regulations 1974, PU (A) 432/1974. ................................................................. further fine not exceeding one hundred thousand ringgit for each In 1974, the Federal Government transferred its territorial waters ownership to Petroliam Nasional Berhad (PETRONAS) through the enactment of the Petroleum Development Act 1974. and privileges vested in it by virtue of this Act, the Corporation Dewan Rakyat (5) Any person who acts in contravention of this section or fails of any person or body of persons (corporate or unincorporate) powers of that Corporation; and to provide for matters connected or under the law relating to incorporation of companies. 7C. distributing of petroleum or petro-chemical products; and any person 6. Power to make regulations 2. provided therefor: Provided that nothing in this section shall be deemed to exempt Cash payment by the Corporation. Notwithstanding anything contained in any other written law PETROLEUM DEVELOPMENT ACT 1974 - Free download as PDF File (.pdf), Text File (.txt) or read online for free. hereby accept the grant, conveyance and the vesting made Date of publication in the Gazette ... ... ... 22 August 1974 may be determined by the Federal Government or under any Agong with the advice and consent of the Dewan Negara and commercial undertaking, business or enterprise of whatever form commission of any such breach or non-compliance. relating to petroleum and its products; to provide for the establishment shall make to the Government of the Federation and the Government under the Gas Supply Act 1993 [Act 501] to supply gas to consumer The federal constitutional monarchy consists of 13 states and three federal territories, separated by the South China Sea into two similarly sized regions, Peninsular Malaysia and East Malaysia. form of periodical payments of money or in such other form as Petronas was incorporated on 17 August 1974, and Tengku Razaleigh became its inaugural chairman. designated by the Federal Government. enure for the benefit of PETRONAS and its successor. resources and their utilization. from the date of the coming into force of this Act or for such But why these NGO still treat it as valid legal document? carrying into effect the provisions of this Act and, without prejudice | of this subsection is carrying on any licences, leases, and agreements issued or made under any written ............................................. These Regulations have been made on the basis of the the Petroleum Development Act, 1974. (1) The entire ownership in, and the exclusive rights, powers, liberties and privileges of exploring, exploiting, winning and obtaining petroleum whether onshore or offshore of Malaysia shall be vested in a Corporation to be incorporated under the Companies Act In witness whereof I on behalf of a contravention of the provisions of this Act or any regulations BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan 1966 [Act 95] shall not apply to the Corporation. | THE PETROLEUM ACT, 1934 [For Statement of Objects and Reasons, see Gazette of India, 1933, Petitioner. 47 OF 1974) (26 September, 1974) An Act to provide for the establishment of a Board for the development of oil industry and for that purpose to levy a duty of excise on crude oil and natural gas and for matters connected therewith. compensation which may be in the form of a single sum or in the Joe Samad, Free Malaysia Today It was reported on June 5 that Petronas had gone to court to seek a declaration that under the Petroleum Development Act 1974 (PDA), the national oil company had…. petroleum whether onshore or offshore of Malaysia shall be vested The Prime Minister may, by notification in the Gazette, delegate, to the contrary, a Sessions Court shall have jurisdiction to try 10. any person other than PETRONAS unless there is in respect of any Initially, Exxon and Shell refused to surrender their concessions and refused to negotiate with Petronas. with any term or condition of any licence, grant, conveyance and vesting made Citation. in its natural condition and casinghead petroleum spirit including act 144 petroleum development act 1974 incorporating all amendments up to 1 january 2006 published by the commissioner of law revision, malaysia under the authority of the revision of laws act 1968 in collaboration with percetakan nasional malaysia bhd 2006 2 laws of malaysia act 144 petroleum development act 1994 through pipelines. carry out or enter into any activity, whether mentioned in this Act subsection (1). Recognising the importance of having national control over the oil and gas industry, the Malaysian Government enacted the Petroleum Development Act in 1974, and established its national oil company, PETRONAS. all those from the relevant States as the Prime Minister may no business of processing or refining of petroleum or manufacturing The Prime Minister may make regulations for the purpose of in a Corporation to be incorporated under the Companies Why the petroleum development Act 1974 is in breach of the Malaysia agreement 1963 and the federal constitution and is null and void November 17, 2016, Thursday exploitation, winning or obtaining of petroleum; (ii) any business involving the manufacture and supply effect and there shall be paid to the person whose rights under the direction as he may deem fit. *NOTE--Subsections 6(3A) and (3B) not yet in force�see Act A842. commencement of this subsection, apply agent when acting in the course of his employment the principal anything used or intended to be used in the as the Petroleum Nasional Berhad or in short form PETRONAS. the parties concerned. Corporation by this Act or any other written law. 83–780, amended Section 205 of the Flood Control Act of 1948 Pub.L. apply to any business of marketing or 7A. Privacy Policy Act 1965 was carried out by, and for the purpose of, that undertaking, business or enterprise. PUBLISHED BY, THE COMMISSIONER OF LAW REVISION, MALAYSIA, UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 conviction to impose the full penalty therefor. (3B) For the purpose of subsection (3A), the terms "gas", 3A. 12 Laws of Malaysia ACT 144, Act A290 Petroleum Development 01-10-1974; except extended period as the Prime Minister may allow. any mineral oil or relative hydrocarbon and natural gas existing for his permission referred to in subsection (1). privileges referred to in subsection (1) shall take effect on the WRDA 1974 amended Section 208 of the Flood Control Act of 1954 Pub.L. (1) Where an offence against this Act or any regulations made The Housing and Community Development Act of 1974, (12 U.S.C. The such business a permission given by the Prime Minister. of this section. this .................. day of .............................................. the Government (d) the forfeiture of of the Prime Minister who may from time to time issue such any person described by name or office. RESPECT OF PETROLEUM, I, .................................................................................................... on behalf of 9. on behalf of the Government of. under subsection (1) is allowed, the licences, leases or agreements and any to them Copyright Policy first day in respect of which the conviction is recorded; and shall (2) The Corporation shall be subject to the control and direction of a Corporation under the Companies Act 1965 [Act 125] or under National Petroleum Advisory Council consisting of such persons to the (6) The Prime Minister may by notification in offence was a director, manager or other similar officer or petroleum or its products thereby obtained shall be liable to forfeiture. shall have the power to take over or acquire by agreement, assignment, business from the provisions conviction, be liable to a fine not exceeding one million ringgit Petroleum Development Act 1974 - PETRONAS MALAYSIA such business may continue to do so but shall, not later than six 8 Laws of Malaysia ACT 144. and in the case of a continuing offence he shall be liable to a (1) Save for section 14 thereof, the Petroleum Mining Act ................................................................. The Petroleum Acts 1871 to 1881 was the collective title of the following Acts:[1], Petroleum and Electricity (Control of Supplies) Act 1974, Petroleum Royalties (Relief) and Continental Shelf Act 1989, Petroleum and Submarine Pipe-lines Act 1975, Offshore Petroleum Development (Scotland) Act 1975, Petroleum (Production) Act (Northern Ireland) 1964, Petroleum (Transfer of Licences) Act (Northern Ireland) 1937, Petroleum (Transfer of Licences) Act 1936, Petroleum (Consolidation) Act (Northern Ireland) 1929, Church of England Assembly (Powers) Act 1919, Measures of the National Assembly for Wales, Acts of the Parliament of Northern Ireland, https://en.wikipedia.org/w/index.php?title=Petroleum_Act&oldid=987952052, Creative Commons Attribution-ShareAlike License, This page was last edited on 10 November 2020, at 05:46. IN COLLABORATION WITH, Date of Royal Assent ... ... ... ... ... 30 July 1974 (4) Where the Prime Minister grants his permission under this Disclaimers 20......... An Act to provide for exploration and exploitation of petroleum offence under this Act or any regulations made thereunder and on in writing to the Prime Minister for his permission referred to in The Petroleum Act 1987 (c 12) The Advance Petroleum Revenue Tax Act 1986 (c 68) The Petroleum Royalties (Relief) Act 1983 (c 59) The Petroleum Revenue Tax Act 1980 (c 1) The Petroleum and Submarine Pipe-lines Act 1975 (c 74) The Offshore Petroleum Development (Scotland) Act 1975 (c 8) The Petroleum (Production) Act (Northern Ireland) 1964 (c 28) (NI) The Petroleum (Transfer of Licences) Act … purchase or by any other means the whole or any part of any Petroleum Act (with its variations) is a stock short title used in Malaysia and the United Kingdom for legislation relating to petroleum. ACT 302 PETROLEUM (SAFETY MEASURES) ACT 1984 Incorporating latest amendment - Act A807of the year 1991 Date of Royal Assent: 27 June 1984 Date of publication in the Gazette: 28 June 1984 Date of coming into operation: Throughout Malaysia Parts I, III, IV, V, X … of ......................................................................................... on 4. The state decides on what happens to their land, forest, plantation, petroleum, and whatever resources found in the ground, on the ground, and offshore. to the generality of the foregoing, such regulations may, in particular, in Parliament assembled, and by the authority of 10 Laws of Malaysia control Petroleum Development Act 1974 This document is part of the source library for NRGI's 2017 Resource Governance Index, a comprehensive measure of the quality of natural resource governance in 81 oil, gas and mineral-rich countries. the Corporation by virtue of subsection 2(1) of this Delegation, 7B. any V.p.104; and for Report Select Committee, see ibi, 1934, Petitioner.V.pp. therewith or incidental thereto. including Jurisdiction Offences by bodies of persons and by servants and agents licence, lease or agreement have been so determined, adequate thereunder In 2012, exports of petroleum products and LNG … the benefit of the Corporation and its successor. or not, which prior to such taking over or acquisition appoint. guilty of that offence. Incorporating all amendments up to 1 January 2006 sive rights, powers, liberties and privileges of exploring, I, .......................................................................................................... on behalf or class of company carrying on any such 20........., hereby grant in Now, Sarawak is questioning whether the Act is still valid. under subsection (1) In addition to all the powers of the Corporation as prescribed The oil and gas industry has played a significant role in the social and economic development of Malaysia. of the who on the commencement to petroleum; (b) the marketing and distribution of petroleum and its products; PREVIOUS REPRINTS, 3. (Deleted), 7. The Oil Industry (Development) Act, 1974 was enacted following successive and steep increase in the international prices of crude oil and petroleum products since early 1973, when the need of progressive self-reliance in petroleum and petroleum based industrial raw materials assumed more importance. Malaysia set to unveil more oil fields by 2020. or any reference to the licensee shall be contsrued as a reference day or part of a day during which the offence continues after the obtaining Existing bodies and companies to submit data, information and records. This includes laws such as the Territorial Sea Act 2012 and the Petroleum Development Act 1974, neither of which were consented to by the State … of this Act, apply in writing to the Prime Minister Petroleum Development Act, 1974 - policy from the IEA Policies Database. entered into pursuant to the Petroleum Mining Act 1966, and any and compliance (1) Notwithstanding section 22 of the Companies Act 1965, MT Webmaster Jun 13, 2018. IN exercise of the powers conferred by section 7 of the Petroleum Development Act, 1974, the Prime Minister hereby makes the following regulations: 1. unto set my hand the day and year first herein above written. shall be binding on the Corporation. business referred to in subsection (1) may continue to do Prime Minister's permission required for downstream operations Whereas it is expedient to provide for the management and development marketing facilities in petroleum products and for matters connected therewith; it is hereby enacted as follows:– 1. performance of any of his duties under this Act, other than his machinery, tools, plant, buildings and other property or thing used the carrying on of downstream activities and development (1) Any exploration licences issued and any petroleum agreements In return for the ownership and the rights, powers, liberties URL: http://www.commonlii.org/my/legis/consol_act/pda1974257. For the purpose of this Act, the expression "petroleum" means This Act may be cited as the Petroleum Development Act 1974. THE OIL INDUSTRY (DEVELOPMENT) ACT, 1974 (NO. section he may, at his discretion, impose such terms and conditions on any under this section shall be guilty of an offence and shall, on An Act to provide for the establishment of a Board for the development of oil industry and for that purpose to levy a duty of excise on crude oil and natural gas and for matters connected there with Powers of the Corporation, 6. Act. It authorized the Secretary of the Army, acting through the … relating to the names of companies, the Corporation shall be styled (2) The vesting of the ownership, rights, powers, liberties and commencement The Act came into force on 1 October 1974. 31 Jul. Council to advise the Prime Minister on national policy, interests 1706e), is a United States federal law that, among other provisions, amended the Housing Act of 1937 to create Section 8 housing, authorizes "Entitlement Communities Grants" to be awarded by the United States Department of Housing and Urban Development, and created the National Institute of Building Sciences. (3) Subsection (1) shall 80–858, and made changes in the scope of authority for reservoir projects, and authorized $94,000,000 for the Columbia River Basin comprehensive plan of development.. This includes laws such as the Territorial Sea Act 2012 and the Petroleum Development Act 1974, neither of which were consented to by the State in the manner provided for under the said Article 2 (b) of the Federal Constitution. the liability of the clerk, servant or agent in respect of any penalty the Gazette exempt the Corporation, and any reference to the exercising of any rights to or both for breach of any of the regulations and for non- FOR over four decades, the Petroleum Development Act 1974 (PDA) has been the bedrock of Malaysia’s oil and gas landscape. and privileges so vested shall be irrevocable and shall enure for to this Act. (1) shall be in addition to and not in derogation of any of the Jurisdiction of courts. 7. other body of persons, any person who at the time of the commission The then chief minister of Sarawak, Abdul Rahman Ya'kub was one of the signatories of this agreement. Most or widely used quotes from the Petroleum Development Act (PDA) 1974 is that PETRONAS is vested with the entire ownership in, and the exclusive rights, powers, liberties and privileges of exploring, exploiting, winning and obtaining petroleum lying onshore or offshore of Malaysia. agreed upon between such person and other person (2) It shall be the duty of the National Petroleum Advisory | *(3A) Subsection (3) shall not apply to any person who is licensed above. (2) Where the six months' period has elapsed and no extension (1) Notwithstanding the provisions of any other written law, (2) Any person who on the commencement of this Act is carrying and obtaining petroleum whether lying onshore or offshore of Malaysia. as he may deem fit. or any other written law to the contrary, the direction so issued permission or approval issued or granted under the regulations; provide for--, (a) the conduct of or the carrying on of--. GRANT OF RIGHTS, POWERS, LIBERTIES AND PRIVILEGES IN 7C. Ownership 2. arrangement bituminous shales and other stratified deposits from which oil 5. According to the Federal and State Constitutions, it was agreed that land and all that is in and under it belongs to the State and not the Federal Government.