Common use of Protection of the Environment Clause in Contracts

Protection of the Environment. 14.1 The Government and the Contractor recognise that Petroleum Operations will cause some impact on the environment in the Contract Area. Accordingly, in performance of the Contract, the Contractor shall conduct its Petroleum Operations in compliance with all applicable laws and notifications on protection of environment and obtain the clearances required in accordance with applicable rules, regulations, notifications or orders, including (as applicable) The Environment Impact Assessment Notification issued by the Ministry of Environment and Forest, Government of India with due regard to concerns with respect to protection of the environment and conservation of natural resources and shall in particular: (a) employModern Oil Field and Petroleum Industry Practices and standards including advanced techniques, practices and methods of operation for the prevention of Environmental Damage in conducting its Petroleum Operations; (b) take necessary and adequate steps to: (i) prevent Environmental Damage and, where some adverse impact on the environment is unavoidable, to minimise such damage and the consequential effects thereof on property and people; (ii) ensure adequate compensation for injury to persons or damage to property caused by the effect of Petroleum Operations; (c) comply with the requirements of applicable laws and the reasonable requirements of the Government from time to time, and (d) shall ensure that: (i) Petroleum Operations are conducted in an environmentally acceptable and safe manner consistent with Modern Oil Field and Petroleum Industry Practices and that such Petroleum Operations are properly monitored; (ii) the pertinent completed environmental impact studies are made available to its employees and to its contractors and Subcontractors to develop adequate and proper awareness of the measures and methods of environmental protection to be used in carrying out the Petroleum Operations; and (iii) the contracts entered into between the Contractor and its contractors and Subcontractors relating to its Petroleum Operations shall include the provisions stipulated herein and any established measures and methods for the implementation of the Contractor’s obligations in relation to the environment under this Contract. 14.2 If the Contractor fails to comply with the provisions of Article 14.1(b)(i) or contravenes any relevant law, and such failure or contravention results in any Environmental Damage, the Contractor shall forthwith take all necessary and reasonable measures to remedy the failure and the effects thereof. 14.3 If the Government in accordance with the laws has good reason to believe that any works or installations erected by the Contractor or any operations conducted by the Contractor are endangering or may endanger persons or any property of any person, or are causing or may cause pollution, or are harming or may harm fauna or flora or the environment to a degree which the Government deems unacceptable, the Government may require the Contractor to take remedial measures within such reasonable period as may be determined by the Government and to repair any such damage. If the Government deems it necessary, it may also require the Contractor to discontinue Petroleum Operations in whole or in part until the Contractor has taken such remedial measures or has repaired any damage caused. 14.4 The measures and methods to be used by the Contractor for the purpose of complying with the terms of Article 14.1(b)(i) shall be determined in timely consultation with the Government upon the commencement of Petroleum Operations or whenever there is a significant change in the scope or method of conducting Petroleum Operations and shall take into account the international standards applicable in similar circumstances and any environmental impact study (if any) shall be carried out in accordance with applicable Environment Impact Assessment Notification as applicable from time to time. The Contractor shall notify the Government, in writing, of the measures and methods finally determined by the Contractor and shall cause such measures and methods to be reviewed from time to time in the light of prevailing circumstances.

Appears in 4 contracts

Samples: Revenue Sharing Contract, Revenue Sharing Contract, Revenue Sharing Contract

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Protection of the Environment. 14.1 29.1 The Government and the Contractor Parties recognise that Petroleum Operations will cause some impact on the environment in the Contract Area. Accordingly, in performance of the Contractthis Agreement, the Contractor Working Interest Owners shall conduct its Petroleum Operations in compliance with all applicable laws and notifications on protection of environment and obtain the clearances required in accordance with applicable rules, regulations, notifications or orders, including (as applicable) The Environment Impact Assessment Notification issued by the Ministry of Environment and Forest, Government of India with due regard to concerns with respect to protection of the environment and conservation of natural resources resources. Towards this end, and shall in particularfurtherance of any laws promulgated or as the Government may require from time to time, Working Interest Owners shall: (a) employModern Oil Field and Petroleum Industry Practices and standards including employ advanced techniques, practices and methods of operation for the prevention of Environmental Damage environmental damage in conducting its Petroleum Operations;; and (b) take necessary and adequate steps to: (i) to prevent Environmental Damage environmental damage and, where some adverse impact on the environment is unavoidable, to minimise minimize such damage and the consequential effects thereof on to persons, property and people; (ii) ensure adequate compensation for injury to persons or damage to property caused by the effect of Petroleum Operations; (c) comply with the requirements of applicable laws and the reasonable requirements of the Government from time to time, and (d) shall ensure that: (i) Petroleum Operations are conducted in an environmentally acceptable and safe manner consistent with Modern Oil Field and Petroleum Industry Practices and that such Petroleum Operations are properly monitored; (ii) the pertinent completed environmental impact studies are made available to its employees and to its contractors and Subcontractors to develop adequate and proper awareness of the measures and methods of environmental protection to be used in carrying out the Petroleum Operations; and (iii) the contracts entered into between the Contractor and its contractors and Subcontractors relating to its Petroleum Operations shall include the provisions stipulated herein and any established measures and methods for the implementation of the Contractor’s obligations in relation to the environment under this Contractotherwise. 14.2 29.2 If the Contractor Working Interest Owners fails to comply with the provisions of Article 14.1(b)(i29.1(b) or contravenes any the provisions of the relevant lawlaws, and such failure or contravention results in any Environmental Damageenvironmental damage, the Contractor Working Interest Owners shall forthwith take all necessary and reasonable measures to remedy the failure and the effects thereof. 14.3 29.3 If the Government in accordance with the laws has has, on reasonable grounds, good reason to believe that any works or installations erected by the Contractor Working Interest Owners or any operations Petroleum Operations conducted by the Contractor Working Interest Owners are endangering or may endanger persons or any the property of any person, or are causing or may cause pollution, or are harming or may harm fauna or flora wildlife or the environment to a degree which the Government deems unacceptable, the Government may require the Contractor Working Interest Owners to take remedial measures within such reasonable period as may be determined by the Government and to repair rectify any such damagedamage to the environment. If the Government deems it necessary, it may also require the Contractor Working Interest Owners to discontinue Petroleum Operations in whole or in part until the Contractor Working Interest Owners has taken such remedial measures or has repaired any damage caused. 14.4 29.4 The measures and methods to be used by the Contractor Working Interest Owners for the purpose of complying compliance with the terms of Article 14.1(b)(i29.1(b) shall be determined in timely consultation with the Government upon the commencement of Petroleum Operations or and whenever there is a significant change in the scope or method of conducting Petroleum Operations and shall take into account the good international standards Petroleum industry practices as applicable in similar circumstances and any the relevant environmental impact study (if any) shall be carried out in accordance with applicable Environment Impact Assessment Notification the relevant laws as applicable from time to timeprovided for in Article 29.5 below. The Contractor Working Interest Owners shall notify the Government, in writing, of the measures and methods finally determined by the Contractor Working Interest Owners and shall cause such measures and methods to be reviewed from time to time in the light of prevailing circumstances. 29.5 In addition to any requirements under the laws of Pakistan, the Working Interest Owners shall cause a person or persons with special expertise and knowledge on environmental matters, approved by the Government, to carry out two environmental impact studies in order: (a) to determine at the time of the studies the prevailing situation relating to the environment, human beings and local communities, the wildlife and marine life in the Area and in the adjoining or neighbouring areas; and (b) to establish the likely effect on the environment, human beings and local communities, the wildlife and marine life in the Area and in adjoining or neighbouring areas in consequence of the relevant Petroleum Operations to be conducted under this Agreement, and to submit, for consideration of the Parties, methods and measures contemplated in Article 29.4 for minimising environmental damage and carrying out site restoration activities. The first of the aforementioned studies shall be carried out in two parts, namely, a preliminary part which must be concluded before commencement of any drilling in the Exploration Period. The part of the study relating to drilling operations in the Exploration Period shall be approved by the Government before the commencement of such drilling operations. The second of the aforesaid studies shall be completed before commencement of Petroleum Operations under an approved Development Plan and shall be submitted by the Working Interest Owners as part of the Development Plan, with specific approval of Government being obtained before commencement of Petroleum Operations under the Development Plan. The studies mentioned in this Article 29.5 shall contain the details of the measures which are required to be taken in order to minimise environmental damage and shall include, but not be limited to, the following, to the extent appropriate to the respective study: (a) proposed access cutting; (b) clearing and timber salvage; (c) wildlife and habitat protection; (d) fuel storage and handling; (e) use of explosives; (f) camps and staging; (g) liquid and solid waste disposal; (h) cultural and archaeological sites; (i) selection of drilling sites; (j) terrain stabilization; (k) protection of freshwater horizons; (l) blow-out prevention plan; (m) flaring during completion and testing of xxxxx; (n) abandonment of xxxxx; (o) rig dismantling and site completion; (p) reclamation for abandonment; (q) noise control; and (r) mud and debris disposal. 29.6 The Working Interest Owners shall ensure that: (a). Petroleum Operations are conducted in an environmentally acceptable and safe manner consistent with good international Petroleum industry practices and are properly monitored;

Appears in 3 contracts

Samples: Petroleum Concession Agreement, Petroleum Concession Agreement, Petroleum Concession Agreement

Protection of the Environment. 14.1 29.1 The Government and the Contractor Parties recognise that Petroleum Operations will cause some impact on the environment in the Contract Area. Accordingly, in performance of the Contractthis Agreement, the Contractor Working Interest Owners shall conduct its Petroleum Operations in compliance with all applicable laws and notifications on protection of environment and obtain the clearances required in accordance with applicable rules, regulations, notifications or orders, including (as applicable) The Environment Impact Assessment Notification issued by the Ministry of Environment and Forest, Government of India with due regard to concerns with respect to protection of the environment and conservation of natural resources resources. Towards this end, and shall in particularfurtherance of any laws promulgated or as the Government may require from time to time, Working Interest Owners shall: (a) employModern Oil Field and Petroleum Industry Practices and standards including employ advanced techniques, practices and methods of operation for the prevention of Environmental Damage environmental damage in conducting its Petroleum Operations;; and (b) take necessary and adequate steps to: (i) to prevent Environmental Damage environmental damage and, where some adverse impact on the environment is unavoidable, to minimise minimize such damage and the consequential effects thereof on to persons, property and people; (ii) ensure adequate compensation for injury to persons or damage to property caused by the effect of Petroleum Operations; (c) comply with the requirements of applicable laws and the reasonable requirements of the Government from time to time, and (d) shall ensure that: (i) Petroleum Operations are conducted in an environmentally acceptable and safe manner consistent with Modern Oil Field and Petroleum Industry Practices and that such Petroleum Operations are properly monitored; (ii) the pertinent completed environmental impact studies are made available to its employees and to its contractors and Subcontractors to develop adequate and proper awareness of the measures and methods of environmental protection to be used in carrying out the Petroleum Operations; and (iii) the contracts entered into between the Contractor and its contractors and Subcontractors relating to its Petroleum Operations shall include the provisions stipulated herein and any established measures and methods for the implementation of the Contractor’s obligations in relation to the environment under this Contractotherwise. 14.2 29.2 If the Contractor Working Interest Owners fails to comply with the provisions of Article 14.1(b)(i29.1(b) or contravenes any the provisions of the relevant lawlaws, and such failure or contravention results in any Environmental Damageenvironmental damage, the Contractor Working Interest Owners shall forthwith take all necessary and reasonable measures to remedy the failure and the effects thereof. 14.3 29.3 If the Government in accordance with the laws has has, on reasonable grounds, good reason to believe that any works or installations erected by the Contractor Working Interest Owners or any operations Petroleum Operations conducted by the Contractor Working Interest Owners are endangering or may endanger persons or any the property of any person, or are causing or may cause pollution, or are harming or may harm fauna or flora wildlife or the environment to a degree which the Government deems unacceptable, the Government may require the Contractor Working Interest Owners to take remedial measures within such reasonable period as may be determined by the Government and to repair rectify any such damagedamage to the environment. If the Government deems it necessary, it may also require the Contractor Working Interest Owners to discontinue Petroleum Operations in whole or in part until the Contractor Working Interest Owners has taken such remedial measures or has repaired any damage caused. 14.4 29.4 The measures and methods to be used by the Contractor Working Interest Owners for the purpose of complying compliance with the terms of Article 14.1(b)(i29.1(b) shall be determined in timely consultation with the Government upon the commencement of Petroleum Operations or and whenever there is a significant change in the scope or method of conducting Petroleum Operations and shall take into account the good international standards Petroleum industry practices as applicable in similar circumstances and any the relevant environmental impact study (if any) shall be carried out in accordance with applicable Environment Impact Assessment Notification the relevant laws as applicable from time to timeprovided for in Article 29.5 below. The Contractor Working Interest Owners shall notify the Government, in writing, of the measures and methods finally determined by the Contractor Working Interest Owners and shall cause such measures and methods to be reviewed from time to time in the light of prevailing circumstances. 29.5 In addition to any requirements under the laws of Pakistan, the Working Interest Owners shall cause a person or persons with special expertise and knowledge on environmental matters, approved by the Government, to carry out two environmental impact studies in order: (a) to determine at the time of the studies the prevailing situation relating to the environment, human beings and local communities, the wildlife and marine life in the Area and in the adjoining or neighbouring areas; and (b) to establish the likely effect on the environment, human beings and local communities, the wildlife and marine life in the Area and in adjoining or neighbouring areas in consequence of the relevant Petroleum Operations to be conducted under this Agreement, and to submit, for consideration of the Parties, methods and measures contemplated in Article 29.4 for minimising environmental damage and carrying out site restoration activities. The first of the aforementioned studies shall be carried out in two parts, namely, a preliminary part which must be concluded before commencement of any drilling in the Exploration Period. The part of the study relating to drilling operations in the Exploration Period shall be approved by the Government before the commencement of such drilling operations. The second of the aforesaid studies shall be completed before commencement of Petroleum Operations under an approved Development Plan and shall be submitted by the Working Interest Owners as part of the Development Plan, with specific approval of Government being obtained before commencement of Petroleum Operations under the Development Plan. The studies mentioned in this Article 29.5 shall contain the details of the measures which are required to be taken in order to minimise environmental damage and shall include, but not be limited to, the following, to the extent appropriate to the respective study: (a) proposed access cutting; (b).clearing and timber salvage; (c).wildlife and habitat protection; (d).fuel storage and handling; (e).use of explosives;

Appears in 2 contracts

Samples: Petroleum Concession Agreement, Petroleum Concession Agreement

Protection of the Environment. 14.1 The Government and the Contractor recognise recognize that Petroleum Operations will cause some impact on the environment in the Contract Area. Accordingly, in performance of the Contract, the Contractor shall conduct its Petroleum Operations in compliance with all applicable laws Applicable Laws and notifications on protection of environment and wherever applicable, on conservation of forests and protection of wildlife and obtain the clearances required in accordance with applicable rulesActs and Rules Regulations, regulations, notifications or orders, Notifications and Orders issued thereunder including (as applicable) The under the Environment Impact Assessment Notification issued by the Ministry of Environment Environment, Forest and Forest, Climate Change Government of India with due regard to concerns with respect to protection of the environment and conservation of natural resources and shall in particular: (a) employModern Oil Field and employ Good International Petroleum Industry Practices (GIPIP) and standards including advanced techniques, practices and methods of operation for the prevention of Environmental Damage in conducting its Petroleum Operations; (b) take necessary and adequate steps to: (i) prevent Environmental Damage and, where some adverse impact on the environment is unavoidable, to minimise minimize such damage and the consequential effects thereof on property and people; (ii) ensure adequate compensation for injury to persons or damage to property caused by the effect of Petroleum Operations; (ciii) comply with the requirements minimize flaring of applicable laws and the reasonable requirements of the Government from time to time, andgas; (dc) shall ensure that: (i) Petroleum Operations are conducted in an environmentally acceptable and safe manner consistent with Modern Oil Field and Good International Petroleum Industry Practices (GIPIP) and that such Petroleum Operations are properly monitored; (ii) the pertinent completed environmental impact studies are made available to its employees and to its contractors Contractors and Subcontractors to develop adequate and proper awareness of the measures and methods of environmental protection to be used in carrying out the Petroleum Operations; and (iii) the contracts Contracts entered into between the Contractor and its contractors and Subcontractors relating to its Petroleum Operations shall include the provisions stipulated herein and any established measures and methods for the implementation of the Contractor’s Contractor‘s obligations in relation to the environment under this Contract. 14.2 If the Contractor fails to comply with the provisions of Article 14.1(b)(i14.1.(b)(i) or and/or contravenes any relevant law, law and such failure or contravention results in any Environmental Damage, the Contractor shall forthwith take all necessary and reasonable measures to remedy the failure and the effects thereofthereof under the Applicable Laws and any amendments thereunder. 14.3 If the Government in accordance with the laws has good reason to believe that any works or installations erected by the Contractor or any operations conducted by the Contractor are endangering or may endanger persons or any property of any person, or are causing or may cause pollution, or are harming or may harm fauna or flora or the environment to a degree which the Government deems unacceptable, the Government may require the Contractor to take remedial measures within such reasonable period as may be determined by the Government and to repair any such damage. If the Government deems it necessary, it may also require the Contractor to discontinue Petroleum Operations in whole or in part until the Contractor has taken such remedial measures or has repaired any damage caused. 14.4 The measures and methods to be used by the Contractor for the purpose of complying with the terms of Article 14.1(b)(i) shall be determined in timely consultation with the Government upon the commencement of Petroleum Operations or whenever there is a significant change in the scope or method of conducting Petroleum Operations and shall take into account the international standards applicable in similar circumstances and any environmental impact study (if any) shall be carried out in accordance with applicable Environment Impact Assessment Notification as applicable from time to time. The Contractor shall notify the Government, in writing, of the measures and methods finally determined by the Contractor and shall cause such measures and methods to be reviewed from time to time in the light of prevailing circumstances14.1.

Appears in 2 contracts

Samples: Revenue Sharing Contract, Revenue Sharing Contract

Protection of the Environment. 14.1 The Government and the Contractor recognise that Petroleum CBM Operations will cause some impact on the environment in the Contract Area. Accordingly, in performance of the Contract, the Contractor shall conduct its Petroleum CBM Operations in compliance with all applicable laws and notifications on protection of environment and obtain the clearances required in accordance with applicable rules, regulations, notifications or orders, including (as applicable) The Environment Impact Assessment Notification issued by the Ministry of Environment and Forest, Government of India with due regard to concerns with respect to protection of the environment and conservation of natural resources resources. Towards this end, and shall in particularthe furtherance of any laws promulgated or as the Government may otherwise require from time to time, the Contractor shall: (a) employModern Oil Field and Petroleum Industry Practices and standards including employ advanced techniques, practices and methods of operation for the prevention of Environmental Damage in conducting its Petroleum CBM Operations; (b) take necessary and adequate steps toto : (i) prevent Environmental Damage and, where some adverse impact on the environment is unavoidable, to minimise such damage and the consequential consequent effects thereof on property and people; (ii) ensure adequate compensation for injury to persons or damage to property caused by the effect of Petroleum CBM Operations;; and (c) comply with the requirements of applicable laws and the reasonable requirements of the Government from time to time, and (d) shall ensure that: (i) Petroleum Operations are conducted in an environmentally acceptable and safe manner consistent with Modern Oil Field and Petroleum Industry Practices and that such Petroleum Operations are properly monitored; (ii) the pertinent completed environmental impact studies are made available to its employees and to its contractors and Subcontractors to develop adequate and proper awareness of the measures and methods of environmental protection to be used in carrying out the Petroleum Operations; and (iii) the contracts entered into between the Contractor and its contractors and Subcontractors relating to its Petroleum Operations shall include the provisions stipulated herein and any established measures and methods for the implementation of the Contractor’s obligations in relation to the environment under this Contract. 14.2 If the Contractor fails to comply with the provisions of paragraph (b)(i) of Article 14.1(b)(i) 14.1 or contravenes any relevant law, and such failure or contravention results in any Environmental Damage, the Contractor shall forthwith take all necessary and reasonable measures to remedy the failure and the effects thereofthereof within thirty (30) days. 14.3 If the Government in accordance with the laws has good reason to believe that any works or installations erected by the Contractor Contractor, Sub-contractor or any operations conducted by the Contractor Contractor, Sub-contractor are endangering or may endanger persons or any property of any person, or are causing or may cause pollution, or are harming or may harm fauna or flora or the environment to a degree which the Government deems unacceptable, the Government may require the Contractor to take remedial measures within such reasonable period as may be determined by the Government and to repair any such damagedamage to the environment. If the Government deems it necessary, it may also require the Contractor or Subcontractor to discontinue Petroleum CBM Operations in whole or in part until the Contractor or Subcontractor has taken such remedial measures or has repaired any damage causedcaused to the satisfaction of the Government. 14.4 The measures and methods to be used by the Contractor for the purpose of complying with the terms of paragraph (b)(i) of Article 14.1(b)(i) 14.1 shall be determined in timely consultation with the Government upon the commencement of Petroleum CBM Operations or whenever there is a significant change in the scope or method of conducting Petroleum CBM Operations and shall take into account the international standards applicable in similar circumstances and any the relevant environmental impact study (if any) shall be carried out in accordance with applicable Environment Impact Assessment Notification as applicable from time to time. The Contractor shall notify the Government, in writing, of the measures and methods finally determined by the Contractor and shall cause such measures and methods to be reviewed from time to time in the light of prevailing circumstances.Article 14.5

Appears in 1 contract

Samples: Exploration and Production Agreement

Protection of the Environment. 14.1 5.1 The Government places a very high priority on the preservation and protection of its natural heritage, both onshore and offshore. The PRDS and the Contractor recognise that Petroleum Operations will cause may have some impact on the environment in the Contract Areaenvironment. Accordingly, in performance of the Contractthis Agreement, the Contractor shall conduct its Petroleum Operations in compliance with all applicable laws and notifications on protection of environment and obtain the clearances required in accordance with applicable rules, regulations, notifications or orders, including (as applicable) The Environment Impact Assessment Notification issued by the Ministry of Environment and Forest, Government of India with due regard to concerns with respect to protection of the environment and conservation of natural resources and shall in particular:; (a) employModern Oil Field employ modern global oilfield/gasfield and Petroleum Industry Practices petroleum industry practices and standards including advanced techniques, practices and methods of operation for the prevention of Environmental Damage in conducting the conduct of its Petroleum Operations; (b) take necessary and adequate steps to: (i) prevent Environmental Damage and, where some adverse impact on the environment is unavoidable, to minimise such damage and the consequential effects thereof on property and people; (ii) ensure payment of adequate compensation for injury to persons or damage to property caused by the effect of consequent to Petroleum Operations, and the amount so paid as compensation shall not be deemed to be a recoverable cost under the PRA; (ciii) comply with the requirements applicable to Offshore Exploration and Exploitation of applicable laws and Natural Resources including the reasonable requirements set out in the Petroleum (Marine Environment Protection) Regulation, No. 1 of 2011 published in Gazette Extraordinary No. 1569/22 of Friday, October 3, 2008, made under the Government Marine Pollution Prevention Act, No. 35 of 2008, any Environment Regulations issued from time to time, and (d) shall ensure that: (i) Petroleum Operations are conducted in an environmentally acceptable all other relevant laws, and safe manner consistent with Modern Oil Field and Petroleum Industry Practices and that such Petroleum Operations are properly monitoredspecific directions issued by the PRDS from time to time; (iiiv) if the pertinent completed environmental impact studies Contractor does not act promptly so as to control or clean up any pollution or make good any damage caused, PRDS may, after giving the Contractor reasonable notice in the circumstances, take any actions which are made available to its employees necessary in accordance with good international petroleum industry practices, and to its contractors the reasonable costs and Subcontractors to develop adequate and proper awareness expenses of such actions shall be borne by the measures and methods of environmental protection to be used in carrying out the Petroleum OperationsContractor; and (iiiv) contribute an annual amount to an environmental fund (the contracts entered into between “Environmental Fund”). The Environmental Fund will mainly support environmental research by the Government and other activities which would in the opinion of the PRDS lead to the advancement in the applicable environmental procedures. Fund contributions shall be as follows: A. US$ 25,000.00 per Agreement Year, per Exploration Block; B. US$ 50,000.00 per Development Area, per Agreement Year during development phase; and C. US$ 100,000.00 per Development Area, per Agreement Year during production phase. The annual contribution shall be deposited by the Contractor in a fund to be established and its contractors and Subcontractors relating maintained by the PRDS. 5.2 If Contractor’s failure to its Petroleum Operations shall include the comply with certain provisions stipulated herein and any established measures and methods for the implementation of the Contractor’s obligations PRA results in relation pollution or damage to the environment under this Contract. 14.2 If the Contractor fails to comply with the provisions of Article 14.1(b)(i) or contravenes any relevant law, and such failure marine life or contravention results in any Environmental Damageotherwise, the Contractor shall forthwith take all necessary and reasonable measures to remedy the failure and the effects thereof. 14.3 . If such pollution or damage is the Government in accordance with result of gross negligence or wilful misconduct of the laws has good reason to believe that any works or installations erected by the Contractor or any operations conducted by the Contractor are endangering or may endanger persons or any property of any person, or are causing or may cause pollution, or are harming or may harm fauna or flora or the environment to a degree which the Government deems unacceptableContractor, the Government may require cost of the Contractor to take remedial measures within such reasonable period as may remedy shall not be determined by the Government and to repair any such damage. If the Government deems it necessary, it may also require the Contractor to discontinue Petroleum Operations in whole or in part until the Contractor has taken such remedial measures or has repaired any damage caused. 14.4 The measures and methods deemed to be used by a recoverable cost under the Contractor for the purpose of complying with the terms of Article 14.1(b)(i) shall be determined in timely consultation with the Government upon the commencement of Petroleum Operations or whenever there is a significant change in the scope or method of conducting Petroleum Operations and shall take into account the international standards applicable in similar circumstances and any environmental impact study (if any) shall be carried out in accordance with applicable Environment Impact Assessment Notification as applicable from time to time. The Contractor shall notify the Government, in writing, of the measures and methods finally determined by the Contractor and shall cause such measures and methods to be reviewed from time to time in the light of prevailing circumstancesAgreement.

Appears in 1 contract

Samples: Model Petroleum Resources Agreement

Protection of the Environment. 14.1 ‌ 5.1 The Government places a very high priority on the preservation and protection of its natural heritage, both onshore and offshore. The PRDS and the Contractor recognise that Petroleum Operations will cause may have some impact on the environment in the Contract Areaenvironment. Accordingly, in performance of the Contractthis Agreement, the Contractor shall conduct its Petroleum Operations in compliance with all applicable laws and notifications on protection of environment and obtain the clearances required in accordance with applicable rules, regulations, notifications or orders, including (as applicable) The Environment Impact Assessment Notification issued by the Ministry of Environment and Forest, Government of India with due regard to concerns with respect to protection of the environment and conservation of natural resources and shall in particular:; (a) employModern Oil Field employ modern global oilfield/gasfield and Petroleum Industry Practices petroleum industry practices and standards including advanced techniques, practices and methods of operation for the prevention of Environmental Damage in conducting the conduct of its Petroleum Operations; (b) take necessary and adequate steps to: (i) prevent Environmental Damage and, where some adverse impact on the environment is unavoidable, to minimise such damage and the consequential effects thereof on property and people; (ii) ensure payment of adequate compensation for injury to persons or damage to property caused by the effect of consequent to Petroleum Operations, and the amount so paid as compensation shall not be deemed to be a recoverable cost under the PRA; (ciii) comply with the requirements applicable to Offshore Exploration and Exploitation of applicable laws and Natural Resources including the reasonable requirements set out in the Petroleum (Marine Environment Protection) Regulation, No. 1 of 2011 published in Gazette Extraordinary No. 1569/22 of Friday, October 3, 2008, made under the Government Marine Pollution Prevention Act, No. 35 of 2008, any Environment Regulations issued from time to time, and (d) shall ensure that: (i) Petroleum Operations are conducted in an environmentally acceptable all other relevant laws, and safe manner consistent with Modern Oil Field and Petroleum Industry Practices and that such Petroleum Operations are properly monitoredspecific directions issued by the PRDS from time to time; (iiiv) if the pertinent completed environmental impact studies Contractor does not act promptly so as to control or clean up any pollution or make good any damage caused, PRDS may, after giving the Contractor reasonable notice in the circumstances, take any actions which are made available to its employees necessary in accordance with good international petroleum industry practices, and to its contractors the reasonable costs and Subcontractors to develop adequate and proper awareness expenses of such actions shall be borne by the measures and methods of environmental protection to be used in carrying out the Petroleum OperationsContractor; and (iiiv) contribute an annual amount to an environmental fund (the contracts entered into between “Environmental Fund”). The Environmental Fund will mainly support environmental research by the Government and other activities which would in the opinion of the PRDC lead to the advancement in the applicable environmental procedures. Fund contributions shall be as follows: A. US$ 25,000.00 per Agreement Year, per Exploration Block; B. US$ 50,000.00 per Development Area, per Agreement Year during development phase; and C. US$ 100,000.00 per Development Area, per Agreement Year during production phase. The annual contribution shall be deposited by the Contractor in a fund to be established and its contractors and Subcontractors relating maintained by the PRDS within the framework to its Petroleum Operations shall include be notified by the Government. 5.2 If Contractor’s failure to comply with certain provisions stipulated herein and any established measures and methods for the implementation of the Contractor’s obligations PRA results in relation pollution or damage to the environment under this Contract. 14.2 If the Contractor fails to comply with the provisions of Article 14.1(b)(i) or contravenes any relevant law, and such failure marine life or contravention results in any Environmental Damageotherwise, the Contractor shall forthwith take all necessary and reasonable measures to remedy the failure and the effects thereof. If such pollution or damage is the result of gross negligence or willful misconduct of the Contractor, the cost of the remedy shall not be deemed to be a recoverable cost under the Agreement. 14.3 5.3 If the Government PRDS in accordance with the laws has good reason to believe that any works or installations erected by the Contractor or any operations conducted by the Contractor are endangering or may endanger persons or any property of any person, or are causing or may cause pollution, or are harming or may harm fauna or flora or the environment to a degree which the Government PRDS deems unacceptable, the Government PRDS may require the Contractor to take remedial measures within such reasonable period as may be determined by the Government PRDS and to repair any such damage. If the Government PRDS deems it necessary, it may also require the Contractor to discontinue Petroleum Operations in whole or in part until the Contractor has taken such remedial measures or has repaired any damage caused. 14.4 5.4 The measures and methods to be used by the Contractor for the purpose of complying with the terms of Article 14.1(b)(i5.1.b(i) shall be determined in timely consultation with the Government PRDS upon the commencement of Petroleum Operations or whenever there is a significant change in the scope or method of conducting Petroleum Operations and shall take into account the international standards applicable in similar circumstances and any the relevant environmental impact study (if any) shall be carried out in accordance with applicable Environment Impact Assessment Notification as applicable from time to time. The Contractor shall notify the Government, in writing, of the measures and methods finally determined by the Contractor and shall cause such measures and methods to be reviewed from time to time in the light of prevailing circumstances.Article 5.5

Appears in 1 contract

Samples: Model Petroleum Resources Agreement

Protection of the Environment. 14.1 (1) The Government and the Contractor recognise that Petroleum Operations will cause some impact on the environment in the Contract Area. Accordingly, in performance of the Contract, the Contractor Company shall conduct its Petroleum Operations in compliance with all applicable laws and notifications on protection of environment and obtain the clearances required act in accordance with applicable rules, regulations, notifications or ordersthe relevant provisions of environmental laws and regulations in force from time to time in the Seychelles, including (as applicable) The Environment Impact Assessment Notification issued by the Ministry of Environment and Forest, Government of India with due regard to concerns with respect to protection requirements for the conduct of Environmental Impact Assessment Studies (‘EIAs’) and the environment terms and conservation conditions of natural resources any approval or authorisation granted to the Company under the relevant environmental laws and regulations. In the absence of such laws and regulations, or when such laws and regulations are inconsistent with Best International Petroleum Industry Practice, the Company shall in particular:act pursuant to sub-clause 21(2). (a2) employModern Oil Field and Petroleum Industry Practices and standards including advanced The Company shall employ techniques, practices and methods of operation for and take other steps as are necessary and adequate in accordance with Best International Petroleum Industry Practice, in order to: (a) protect the prevention environment and the living resources of Environmental Damage in conducting its Petroleum Operationsthe sea and prevent pollution; (b) take necessary and adequate steps to: (i) prevent Environmental Damage and, where some adverse impact on ensure the environment is unavoidable, to minimise such damage and the consequential effects thereof on property and peopleprotection from contamination of strata containing potable water or treatable water; (iic) provide an effective and safe method for the disposal and discharge of drill cuttings and drilling muds generated during drilling operations; (d) provide and effective and safe method for the disposal of waste materials generated by the Company’s operations; (e) control the flow of Petroleum so as to prevent avoidable waste and escape into the environment; and (f) ensure adequate compensation for injury to persons or damage to property proved to have been caused by the effect carrying out of Petroleum Operationsthe activities under this Agreement by the Company. (3) The Company shall cause EIAs to be prepared by persons with special knowledge of environmental conditions similar to those in Seychelles, such persons being acceptable to the Minister and the minister responsible for environment, in accordance with the following arrangements: (a) An EIA, relating to seismic surveys, shall be conducted and submitted by the Company as part of the Company’s seismic programme; (b) An EIA, relating to exploration drilling, shall be conducted and submitted by the Company as part of the Company's drilling programme in the Agreement Area; (c) comply with An EIA, relating to Appraisal drilling, shall be conducted and submitted by the requirements of applicable laws and the reasonable requirements Company as part of the Government from time to time, andCompany’s drilling programme; (d) An EIA, covering Field development and production activities, shall be submitted by the Company as part of its Development Plan. Each assessment shall be carried out in order to determine the prevailing situation relating to the environment, including marine life and bird life, in the Agreement Area and in the neighbouring areas and the effect of the respective Petroleum Operation on the environment and an EIA shall be undertaken at the end of each Field production and submitted to the Minister not later than six (6) months following the cessation of Petroleum Operations for that Field in order to determine the effect or effects that Petroleum Operations have had on the environment. (4) The EIAs prepared and submitted by the Company in accordance with sub-clause 21(3) shall include proposed Environmental Management Plans ('EMPs') to minimize environmental damage, and to provide for the effective implementation of environmental duties and obligations of the Company and, establish procedures for the monitoring of operations and the effects on the environment. The EMPs prepared by the Company shall include measures concerning wildlife and habitat protection, marine resource protection, fuel storage and handling, waste management and disposal, protection of cultural and archaeological sites, selection of drilling sites, blow-out prevention, flaring during completion and testing of gas and oil xxxxx, noise control and, site reclamation and rehabilitation plans. (5) The Company shall ensure that: (i) Petroleum Operations are conducted in an environmentally acceptable and safe manner consistent with Modern Oil Field and Petroleum Industry Practices and that such Petroleum Operations are properly monitored; (ii) the pertinent completed environmental impact studies EMPs are made available to its employees and to its contractors and Subcontractors to develop that there is adequate and proper awareness of the measures and methods of environmental protection to be used in when carrying out the Petroleum Operations; and (iii) the contracts and that any agreements entered into between the Contractor Company and its contractors and Subcontractors relating to its the conduct of Petroleum Operations shall include the provisions stipulated herein terms set out in this Agreement and any established measures and methods for the implementation of the Contractor’s Company's obligations in relation to the environment under this ContractAgreement. 14.2 If (6) Where the Contractor fails activities of the Company result in pollution or damage to comply with the provisions of Article 14.1(b)(i) environment or contravenes any relevant law, and such failure marine life or contravention results in any Environmental Damageotherwise, the Contractor Company shall forthwith take all necessary and reasonable measures in accordance with Best International Petroleum Industry Practice to effect immediate remedy of the failure and the effects thereof. If such pollution or damage is the result of gross negligence or wilful misconduct of the Company, the cost of the remedy shall not be an allowable deduction in the computation of PIT and PAPT. 14.3 If (7) The Company shall notify the Government Minister forthwith in the event of any emergency or accident affecting the environment and shall take such action as may be prudent and necessary in accordance with Best International Petroleum Industry Practice in such circumstances to mitigate the laws has good reason to believe that any works or installations erected by impact of such accidents and restore the Contractor or any operations conducted by the Contractor are endangering or may endanger persons or any property of any person, or are causing or may cause pollution, or are harming or may harm fauna or flora or the environment to a degree which the Government deems unacceptable, the Government may require the Contractor to take remedial measures within such reasonable period as may be determined by the Government and to repair any such damage. environment. (8) If the Government deems it necessary, it may also require the Contractor Company does not act promptly so as to discontinue Petroleum Operations in whole control or in part until the Contractor has taken such remedial measures clean up any pollution or has repaired make good any damage caused. 14.4 The measures and methods to be used by , the Contractor for Minister may, after giving the purpose of complying with the terms of Article 14.1(b)(i) shall be determined in timely consultation with the Government upon the commencement of Petroleum Operations or whenever there is a significant change Company reasonable notice in the scope or method of conducting Petroleum Operations and shall circumstances, take into account the international standards applicable in similar circumstances and any environmental impact study (if any) shall be carried out actions which are necessary in accordance with applicable Environment Impact Assessment Notification as applicable from time to time. The Contractor shall notify and the Governmentcosts and expenses of such actions, with interest charged in writing, accordance with Section 1.5 of the measures and methods finally determined by Accounting Procedures, shall be recoverable from the Contractor and shall cause such measures and methods to be reviewed from time to time in the light of prevailing circumstancesCompany.

Appears in 1 contract

Samples: Model Petroleum Agreement

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Protection of the Environment. 14.1 The Government and the Contractor recognise recognize that Petroleum Operations will cause some impact on the environment in the Contract Area. Accordingly, in performance of the Contract, the Contractor shall conduct its Petroleum Operations in compliance with all applicable laws Applicable Laws and notifications on protection of environment and wherever applicable, on conservation of forests and protection of wildlife and obtain the clearances required in accordance with applicable rulesActs and Rules Regulations, regulations, notifications or orders, Notifications and Orders issued thereunder including (as applicable) The under the Environment Impact Assessment Notification issued by the Ministry of Environment Environment, Forest and Forest, Climate Change Government of India with due regard to concerns with respect to protection of the environment and conservation of natural resources and shall in particular: (a) employModern Oil Field and employ Good International Petroleum Industry Practices (GIPIP) and standards including advanced techniques, practices and methods of operation for the prevention of Environmental Damage in conducting its Petroleum Operations; (b) take necessary and adequate steps to: (i) prevent Environmental Damage and, where some adverse impact on the environment is unavoidable, to minimise minimize such damage and the consequential effects thereof on property and people; (ii) ensure adequate compensation for injury to persons or damage to property caused by the effect of Petroleum Operations; (ciii) comply with the requirements minimize flaring of applicable laws and the reasonable requirements of the Government from time to time, andgas; (dc) shall ensure that: (i) Petroleum Operations are conducted in an environmentally acceptable and safe manner consistent with Modern Oil Field and Good International Petroleum Industry Practices (GIPIP) and that such Petroleum Operations are properly monitored; (ii) the pertinent completed environmental impact studies are made available to its employees and to its contractors Contractors and Subcontractors to develop adequate and proper awareness of the measures and methods of environmental protection to be used in carrying out the Petroleum Operations; and (iii) the contracts Contracts entered into between the Contractor and its contractors and Subcontractors relating to its Petroleum Operations shall include the provisions stipulated herein and any established measures and methods for the implementation of the Contractor’s obligations in relation to the environment under this Contract. 14.2 If the Contractor fails to comply with the provisions of Article 14.1(b)(i14.1.(b)(i) or and/or contravenes any relevant law, law and such failure or contravention results in any Environmental Damage, the Contractor shall forthwith take all necessary and reasonable measures to remedy the failure and the effects thereofthereof under the Applicable Laws and any amendments thereunder. 14.3 If the Government in accordance with the laws has good reason to believe that any works or installations erected by the Contractor or any operations conducted by the Contractor are endangering or may endanger persons or any property of any person, or are causing or may cause pollution, or are harming or may harm fauna or flora or the environment to a degree which the Government deems unacceptable, the Government may require the Contractor to take remedial measures within such reasonable period as may be determined by the Government and to repair any such damage. If the Government deems it necessary, it may also require the Contractor to discontinue Petroleum Operations in whole or in part until the Contractor has taken such remedial measures or has repaired any damage caused. 14.4 The measures and methods to be used by the Contractor for the purpose of complying with the terms of Article 14.1(b)(i) shall be determined in timely consultation with the Government upon the commencement of Petroleum Operations or whenever there is a significant change in the scope or method of conducting Petroleum Operations and shall take into account the international standards applicable in similar circumstances and any environmental impact study (if any) shall be carried out in accordance with applicable Environment Impact Assessment Notification as applicable from time to time. The Contractor shall notify the Government, in writing, of the measures and methods finally determined by the Contractor and shall cause such measures and methods to be reviewed from time to time in the light of prevailing circumstances14.1.

Appears in 1 contract

Samples: Revenue Sharing Contract

Protection of the Environment. 14.1 The Government PRDS and the Contractor recognise that Petroleum Operations will cause some impact on the environment in the Contract Areaenvironment. Accordingly, in performance of the this Contract, the Contractor shall conduct its Petroleum Operations in compliance with all applicable laws and notifications on protection of environment and obtain the clearances required in accordance with applicable rules, regulations, notifications or orders, including (as applicable) The Environment Impact Assessment Notification issued by the Ministry of Environment and Forest, Government of India with due regard to concerns with respect to protection of the environment and conservation of natural resources and shall in particular:; (a) employModern Oil Field 14.1.1 employ modern oilfield/gasfield and Petroleum Industry Practices petroleum industry practices and standards including advanced techniques, practices and methods of operation for the prevention of Environmental Damage in conducting its Petroleum Operations; (b) 14.1.2 take necessary and adequate steps to: (ia) prevent Environmental Damage and, where some adverse impact on the environment is unavoidable, to minimise such damage and the consequential effects thereof on property and people; (iib) ensure adequate compensation for injury to persons or damage to property caused by the effect of Petroleum Operations; (c) 14.1.3 comply with the requirements of applicable laws and the reasonable requirements of the Government PRDS from time to time, and (d) shall ensure that: (i) Petroleum Operations are conducted in an environmentally acceptable and safe manner consistent with Modern Oil Field and Petroleum Industry Practices and that such Petroleum Operations are properly monitored; (ii) the pertinent completed environmental impact studies are made available to its employees and to its contractors and Subcontractors to develop adequate and proper awareness of the measures and methods of environmental protection to be used in carrying out the Petroleum Operations; and 14.1.4 contribute an annual amount to an environmental fund (iii) the contracts entered into between “Environmental Fund”). The Environmental Fund will support environmental research by the Government. US$ 25,000.00 per Contract Year, per Exploration Block; US$ 50,000.00 per Development Area, per Contract Year during development phase; and US$ 100,000.00 per Development Area, per Contract Year during production phase. The annual contribution shall be deposited by the Contractor in a fund to be established in accordance with the scheme notified by the Government with the annual contribution and its contractors and Subcontractors relating to its Petroleum Operations shall include the provisions stipulated herein and any established measures and methods times for the implementation making of such contributions and all related matters being detailed in the Contractor’s obligations in relation scheme to be notified by the environment under this ContractGovernment. 14.2 If the Contractor fails to comply with the provisions of Article 14.1(b)(i14.1.2(a) or contravenes any relevant law, and such failure or contravention results in any Environmental Damage, the Contractor shall forthwith take all necessary and reasonable measures to remedy the failure and the effects thereof. 14.3 If the Government PRDS in accordance with the laws has good reason to believe that any works or installations erected by the Contractor or any operations conducted by the Contractor are endangering or may endanger persons or any property of any person, or are causing or may cause pollution, or are harming or may harm fauna or flora or the environment to a degree which the Government PRDS deems unacceptable, the Government PRDS may require the Contractor to take remedial measures within such reasonable period as may be determined by the Government PRDS and to repair any such damage. If the Government PRDS deems it necessary, it may also require the Contractor to discontinue Petroleum Operations in whole or in part until the Contractor has taken such remedial measures or has repaired any damage caused. 14.4 The measures and methods to be used by the Contractor for the purpose of complying with the terms of Article 14.1(b)(i14.1.2 (a) shall be determined in timely consultation with the Government PRDS upon the commencement of Petroleum Operations or whenever there is a significant change in the scope or method of conducting Petroleum Operations and shall take into account the international standards applicable in similar circumstances and any the relevant environmental impact study (if any) shall be carried out in accordance with applicable Environment Impact Assessment Notification as applicable from time to time. The Contractor shall notify the Government, in writing, of the measures and methods finally determined by the Contractor and shall cause such measures and methods to be reviewed from time to time in the light of prevailing circumstances.Article 14.5

Appears in 1 contract

Samples: Petroleum Resources Agreement

Protection of the Environment. 14.1 11.1 The Government Contractor and the Contractor recognise that its sub-contractors shall conduct Petroleum Operations will cause some impact on the environment in the Contract Area. Accordingly, in performance of the Contract, the Contractor shall conduct its an environmentally acceptable and safe manner consistent with Good International Petroleum Operations Industry Practices (GIPIP) and in compliance with all applicable laws and notifications on protection of environment and obtain the clearances required in accordance with applicable rules, regulations, notifications or orders, including (as applicable) The Environment Impact Assessment Notification issued by the Ministry of Environment and Forest, Government of India with due regard to concerns with respect Applicable Laws relating to protection of the environment and conservation of natural resources environment, after obtaining all necessary clearances and shall in particular: (a) employModern Oil Field and ensure that Petroleum Industry Practices and standards including advanced techniques, practices and methods of operation for the prevention of Environmental Damage in conducting its Petroleum OperationsOperations are properly monitored; (b) 11.2 The Contractor shall take necessary and adequate steps to: (i) prevent to prevent, minimize and mitigate and remedy Environmental Damage andand create awareness of the same amongst its employees, where some adverse impact on the environment is unavoidable, to minimise such damage workers and the consequential effects thereof on property and people; (ii) sub-contractors. The Contractor shall also ensure that adequate compensation for injury to persons or damage to property caused by the effect of Petroleum OperationsOperation is provided and flaring of gas is minimized; (c) comply 11.3 The measures and methods to be used by the Contractor for the purpose of complying with the requirements terms of applicable laws and the reasonable requirements of Article 11.2 shall be determined in timely consultation with the Government upon the commencement of Petroleum Operations or whenever there is a significant change in the scope or method of conducting Petroleum Operations and shall take into account the international standards applicable in similar circumstances and environmental impact study (if any) shall be carried out in accordance with applicable Environment Impact Assessment Notification and under the laws as applicable from time to time. The Contractor shall notify the Government and relevant State Government, and (d) shall ensure that: (i) Petroleum Operations are conducted in an environmentally acceptable and safe manner consistent with Modern Oil Field and Petroleum Industry Practices and that such Petroleum Operations are properly monitored; (ii) the pertinent completed environmental impact studies are made available to its employees and to its contractors and Subcontractors to develop adequate and proper awareness writing, of the measures and methods of environmental protection to be used in carrying out the Petroleum Operations; and (iii) the contracts entered into between finally determined by the Contractor and its contractors and Subcontractors relating to its Petroleum Operations shall include the provisions stipulated herein and any established cause such measures and methods for to be reviewed from time to time in the implementation light of the Contractor’s obligations in relation to the environment under this Contractprevailing circumstances. 14.2 If the Contractor fails to comply with the provisions of Article 14.1(b)(i) or contravenes any relevant law, and such failure or contravention results in any Environmental Damage, the Contractor shall forthwith take all necessary and reasonable measures to remedy the failure and the effects thereof. 14.3 11.4 If the Government in accordance with the laws has good reason to believe that any works or installations erected by the Contractor or any operations conducted by the Contractor are endangering or may endanger persons or any property of any person, or are causing or may cause pollution, or are harming or may harm fauna or flora or the environment to a degree which the Government deems unacceptable, the Government may require the Contractor to take remedial measures within such reasonable period as may be determined by the Government and to repair any such damage. If the Government deems it necessary, it may also require the Contractor to discontinue Petroleum Operations in whole or in part until the Contractor has taken such remedial measures or has repaired any damage caused. 14.4 11.5 The measures Contractor shall obtain necessary environmental clearances from appropriate governments/authorities in accordance with the provisions of applicable environmental laws. In the event the appropriate authority takes more than the time period stipulated under the Applicable Laws for providing such clearances, or where no specific time period is provided for grant of such clearance, more than 120 (one hundred and methods twenty) days (“Approval Period”), then the days taken by the Government or State Government in addition to the Approval Period to grant such approval (“Extra Days”) shall be used taken into account in determining all time periods provided for discharge of obligations of the Contractor under the Contract and such time periods, if already determined, shall stand extended by the number of Extra Days. 11.6 Where the Contract Area is partly located in areas forming part of certain national parks, sanctuaries, mangroves, wetlands of national importance, biosphere reserves and other biologically sensitive areas passage through these areas shall generally not be permitted. However, if there is no passage, other than through these areas to reach a particular point beyond these areas, permission of the appropriate authorities shall be obtained. 11.7 The Contractor shall, prior to conducting any drilling activities, prepare and submit for review by the Government contingency plans for dealing with oil spills, fires, accidents, blow outs and emergencies, designed to achieve rapid and effective emergency response. The plans referred to above shall be considered by the Government and concerns expressed by the Government shall be taken into account forthwith. 11.8 In the event of an emergency, accident, oil spill or fire or accident arising from Petroleum Operations affecting the environment, the Contractor shall forthwith notify the Government, concerned State Government(s) and relevant Agencies and shall promptly implement the relevant contingency plan and perform such Site Restoration as may be necessary in accordance with extant guidelines and GIPIP. 11.9 In the event that the Contractor fails to comply with any of the terms contained in Articles 11.7 and 11.8 within a period specified by the Government, the Government, after giving the Contractor reasonable notice in the circumstances, may take any action which may be necessary to ensure compliance with such terms and to recover from the Contractor, immediately after having taken such action, all costs and expenditures incurred in connection with such action together with interest compounded on daily basis at LIBOR plus 2 percentage from the date of commencement of obligation of the Contractor. 11.10 The Contractor shall create a Site Restoration Fund and carry out site restoration activities as per applicable rules / standards / notifications / guidelines. For the purpose of this Contract, the word profit petroleum mentioned in the Site Restoration Fund Scheme - 1999 may be read as Revenue. In the event that the Contractor fails to complete site restoration, the contactor shall be liable to pay damages equivalent to the cost of restoration as estimated by DGH. 11.11 The obligations and liability of the Contractor for the purpose of complying with the terms of Article 14.1(b)(i) environment hereunder shall be determined in timely consultation with limited to damage to the Government upon environment which: (a) occurs after the commencement of Petroleum Operations Effective Date; and (b) results from an act or whenever there is a significant change in the scope or method of conducting Petroleum Operations and shall take into account the international standards applicable in similar circumstances and any environmental impact study (if any) shall be carried out in accordance with applicable Environment Impact Assessment Notification as applicable from time to time. The Contractor shall notify the Government, in writing, omission of the measures and methods finally determined by the Contractor and shall cause such measures and methods to be reviewed from time to time in the light of prevailing circumstancesContractor.

Appears in 1 contract

Samples: Revenue Sharing Contract

Protection of the Environment. 14.1 The (1) In accordance with the statutory regulations or as the Government and the Contractor recognise that Petroleum Operations will cause some impact on the environment in the Contract Area. Accordingly, in performance of the Contractmay otherwise require from time to time, the Contractor Company shall conduct its Petroleum Operations in compliance with all applicable laws take such steps as are necessary and notifications on protection of environment and obtain the clearances required adequate in accordance with applicable rules, regulations, notifications or orders, including (as applicable) The Environment Impact Assessment Notification issued by the Ministry of Environment and Forest, Government of India with due regard to concerns with respect to protection of the environment and conservation of natural resources and shall in particulargood international oil industry practice to: (a) employModern Oil Field and Petroleum Industry Practices and standards including advanced techniques, practices and methods of operation for the prevention of Environmental Damage undertake Environment Impact Assessments as detailed in conducting its Petroleum Operationssubclause (2); (b) take necessary prevent pollution and adequate steps to:protect the environment and the living resources of the sea; and (i) prevent Environmental Damage and, where some adverse impact on the environment is unavoidable, to minimise such damage and the consequential effects thereof on property and people; (iic) ensure adequate compensation for injury to persons or damage to property proved to have been caused by the carrying out of the activities under this Agreement by the Company. (2) The Company shall cause three Environmental Impact Assessments to be carried out by persons with special knowledge of environmental conditions similar to those in Seychelles. The first, relating to exploration drilling, shall be conducted and submitted to the Minister as part of the Company's drilling programme. The second, covering Field development and production activities, shall be submitted by the Company as part of its Development Plan. Both assessments shall be carried out in order to determine the prevailing situation relating to the environment, including marine life and bird life, in the Scheduled Lands and in the neighbouring areas and the effect of the respective Petroleum Operations; (c) comply with Operation on the requirements of applicable laws and environment in the reasonable requirements of the Government from time to time, and (d) shall ensure that: (i) Petroleum Operations are conducted in an environmentally acceptable and safe manner consistent with Modern Oil Field and Petroleum Industry Practices and that such Petroleum Operations are properly monitored; (ii) the pertinent completed environmental impact Scheduled Lands. The studies are made available to its employees and to its contractors and Subcontractors to develop adequate and proper awareness of the measures and methods of environmental protection to be used in carrying out the Petroleum Operations; and (iii) the contracts entered into between the Contractor and its contractors and Subcontractors relating to its Petroleum Operations shall include the provisions stipulated herein proposals to minimize environmental damage as well as plans for waste management and any established measures oil spill contingency, and methods a programme for monitoring environmental changes and the implementation of the Contractor’s obligations aforesaid plans during Petroleum Operations. A third Environmental Impact Assessment shall be undertaken at the end of field production in relation order to determine the effect which Petroleum Operations have had on the environment in the Scheduled Lands. (3) If the Company's failure to comply with regulations referred to in subclause (1), and particularly those dealing with the provision of subclause (1)(b), results in pollution or damage to the environment under this Contract. 14.2 If the Contractor fails to comply with the provisions of Article 14.1(b)(i) or contravenes any relevant law, and such failure marine life or contravention results in any Environmental Damageotherwise, the Contractor Company shall forthwith take all necessary and reasonable measures in accordance with good international oil industry practice to effect immediate remedy of the failure and the effects thereof. If such pollution or damage is the result of gross negligence or wilful misconduct of the Company, the cost of the remedy shall not be an allowable deduction in the computation of Petroleum Income Tax and PAPT. 14.3 If (4) The Company shall notify the Government Minister forthwith in the event of any emergency or accident affecting the environment and shall take such action as may be prudent and necessary in accordance with the laws has good reason to believe that any works or installations erected by the Contractor or any operations conducted by the Contractor are endangering or may endanger persons or any property of any person, or are causing or may cause pollution, or are harming or may harm fauna or flora or the environment to a degree which the Government deems unacceptable, the Government may require the Contractor to take remedial measures within international oil industry practice in such reasonable period as may be determined by the Government and to repair any such damage. circumstances. (5) If the Government deems it necessary, it may also require the Contractor Company does not act promptly so as to discontinue Petroleum Operations in whole control or in part until the Contractor has taken such remedial measures clean up any pollution or has repaired make good any damage caused. 14.4 The measures and methods to be used by , the Contractor for Minister may, after giving the purpose of complying with the terms of Article 14.1(b)(i) shall be determined in timely consultation with the Government upon the commencement of Petroleum Operations or whenever there is a significant change Company reasonable notice in the scope or method of conducting Petroleum Operations and shall circumstances, take into account the international standards applicable in similar circumstances and any environmental impact study (if any) shall be carried out actions which are necessary in accordance with applicable Environment Impact Assessment Notification as applicable from time to time. The Contractor shall notify good international oil industry practice and the Governmentcosts and expenses of such actions, with interest charged in writing, accordance with Section 1.5 of the measures and methods finally determined by Accounting Procedure, shall be recoverable from the Contractor and shall cause such measures and methods to be reviewed from time to time in the light of prevailing circumstancesCompany.

Appears in 1 contract

Samples: Model Petroleum Agreement

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