PETROLEUM RESOURCES BILL SIGNED INTO LAW BUT NOT IN FORCE

The Upstream Petroleum Resources Act has been unceremoniously gazetted but has not yet been operationalised. At the time of writing, no related Presidency statement had been issued. However, according to section 111 (commencement), specific sections and provisions may be proclaimed effective on different dates.

Once in force, the Act will substantively amend the Mineral & Petroleum Resources Development Act, 2002 – removing petroleum-related provisions and operationalising an independent piece of legislation dedicated to petroleum resource development. According to a memorandum on the objects of the Bill concerned, this is with the intention of stabilising the country’s upstream petroleum sector and facilitating the certainty and security required by prospective investors.

Linked to a South African National Petroleum Company Bill expected to be tabled in Parliament soon, the Act’s section 34 makes a ‘state petroleum company’ responsible for managing state participation in exploration and production activities through a 20% carried interest in petroleum rights’.

Published by SA Legal Academy Policy Watch

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