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The Oil and Gas Authority (Levy and Fees) and Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2020

Consolidated Text As Enacted Cited authorities 73 Cited in Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2020/208
Year2020
  • These Regulations may be cited as the Oil and Gas Authority (Levy and Fees) and Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2020 and come into force on 1st April 2020.
  • In this Part—
    • (1) A licensee is liable to pay the production levy in respect of each offshore production licence which is held by the licensee at the relevant time and in respect of which the criterion at paragraph (2) is satisfied.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, orget petroleum from that area otherwise than in the course of searching for petroleum, drilling wells or testing wells.(3) Where the licensee is more than one person, the liability under paragraph (1) is joint and several.an offshore exploration licence;an offshore production licence in respect of which the criterion at regulation 3(2) is not satisfied.is a micro-enterprise; andholds an innovate licence in phase B of its initial term,is a micro-enterprise; anda promote licence in its promote period; oran innovate licence in phase A of its initial term,the liability under this regulation is joint and several; andthe licensee is only a micro-enterprise for the purposes of paragraphs (2) and (3) if every person who is the licensee is a micro-enterprise.(5) In this regulation—
    • “innovate licence” means an offshore production licence in which, in accordance with the model clauses, the initial term of the licence (within the meaning of the licence) is divided into phases;
    • “micro-enterprise” has the meaning given in article 2(3) of the Annex to Commission Recommendation 2003/361/EC of 6th May 2003 concerning the definition of micro, small and medium-sized enterprises ;
    • “model clauses” means model clauses prescribed by the Petroleum Licensing (Production) (Seawards Areas) Regulations 2008 ;
    • “promote licence” means an offshore production licence in which, in accordance with the terms of the licence—
      • (a) a “promote period” is specified, and
      • (b) a clause is included concerning the effect of the expiry of the promote period in relation to the continuation of that licence beyond that period.
    (1) The OGA must calculate the production levy in accordance with the formula—(2) The OGA must calculate the non-production levy in accordance with the formula—(3) In this regulation—
    • “C” is £29,648,000; (being the total amount of levy) ;
    • “N100” is the total number of licences in respect of which a licensee is liable to pay the non-production levy under regulation 4(1) and in respect of which neither the criterion at regulation 4(2) nor the criterion at regulation 4(3) is satisfied;
    • “N90” is the total number of licences in respect of which a licensee is liable to pay the non-production levy discounted by 90 per cent under regulation 4(3) ;
    • “N80” is the total number of licences in respect of which a licensee is liable to pay the non-production levy discounted by 80 per cent under regulation 4(2) ; and
    • “P” is the total number of offshore production licences in respect of which a licensee is liable to pay the production levy under regulation 3(1) .
  • whether the licensee is liable to pay the production levy, the non-production levy or both;
  • the total amount of levy payable by the licensee;
  • the date by which that amount is to be paid, being a date not less than 30 days after the date of the notification; and
  • details of how the payment can be made.
    • (1) Where any amount of levy is not

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