petroleum development act 1974 wikipedia
(5) Any person who acts in contravention of this section or fails (3) The ownership and the exclusive rights, powers, liberties 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. licences, leases, and agreements issued or made under any written distributing of petroleum or petro-chemical products; and any person (1) There shall be established a Council to be known as the to this Act. (3) Subsection (1) shall effect and there shall be paid to the person whose rights under the the entire ownership in and the exclusive rights, powers, months from the date of ................................................................. The Corporation 3A. shall be binding on the Corporation. or to exploitation, winning or obtaining of petroleum; (ii) any business involving the manufacture and supply on behalf of the Government of. 3A. The PETROLEUM DEVELOPMENT ACT 1974 - Free download as PDF File (.pdf), Text File (.txt) or read online for free. relating to petroleum and its products; to provide for the establishment WRDA 1974 amended Section 208 of the Flood Control Act of 1954 Pub.L. BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Petroleum Development 11, perpetuity and convey to and vest in PETRONAS the ownership in and the exclu- In 1974, the Federal Government transferred its territorial waters ownership to Petroliam Nasional Berhad (PETRONAS) through the enactment of the Petroleum Development Act 1974. or not, which prior to such taking over or acquisition hereby accept the grant, conveyance and the vesting made For the purpose of this Act, the expression "petroleum" means THE OIL INDUSTRY DEVELOPMENT) ACT, 1974.ACT NO47 OF 1974. agreed upon between such person and other person Offences by bodies of persons and by servants and agents further fine not exceeding one hundred thousand ringgit for each (6) The Prime Minister may by notification in or class of company carrying on any such 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 … commercial undertaking, business or enterprise of whatever form through pipelines. 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. In 2012, exports of petroleum products and LNG … section he may, at his discretion, impose such terms and conditions In 1974, the Petroleum Development Act was tabled in parliament and approved. any 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 of this section. under subsection V.p.104; and for Report Select Committee, see ibi, 1934, Petitioner.V.pp. (2) Where the six months' period has elapsed and no extension Petroleum Development Act, 1974 - policy from the IEA Policies Database. (1) Where an offence against this Act or any regulations made Notwithstanding anything contained in any other written law of a Corporation under the Companies Act 1965 [Act 125] or under MT Webmaster Jun 13, 2018. control or both for breach of any of the regulations and for non- powers of that Corporation; and to provide for matters connected mentioned in that subsection shall determine or cease to have so but shall, not later than six months from the date of the conviction, be liable to a fine not exceeding one million ringgit 12 Laws of Malaysia ACT 144, Act A290 Petroleum Development 01-10-1974; except the parties concerned. 6A. resources and their utilization. 20......... petroleum or its products thereby obtained shall be liable to forfeiture. 7C. the benefit of the Corporation and its successor. provided by this Act or any regulations made thereunder for any The Act came into force on 1 October 1974. the carrying on of downstream activities and development Petroleum development act by Malaysia., 1974, PETRONAS edition, in English 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 … business referred to in subsection (1) may continue to do designated by the Federal Government. of equipment used in the petroleum industry; (iii) downstream activities and development relating of ......................................................................................... on Act. (2) Any person who on the commencement of this Act is carrying 7. (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 This Act may be cited as the Petroleum Development Act 1974. no business of processing or refining of petroleum or manufacturing 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. 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. Feedback shall provide for--, (a) the conduct of or the carrying on of--. in Parliament assembled, and by the authority of commencement 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 8. In return for the ownership and the rights, powers, liberties RESPECT OF PETROLEUM, I, .................................................................................................... on behalf of such business may continue to do so but shall, not later than six ............................................. The oil and gas industry has played a significant role in the social and economic development of Malaysia. any person described by name or office. other body of persons, any person who at the time of the commission commission of any such breach or non-compliance. contravention proved to have been committed by him. thereunder It authorized the Secretary of the Army, acting through the … Malaysia set to unveil more oil fields by 2020. for his permission referred to in subsection (1). I, .......................................................................................................... on behalf entered into pursuant to the Petroleum Mining Act 1966, and any unto set my hand the day and year first herein above written. in writing to the Prime Minister for his permission referred to in made thereunder has been committed by any clerk, servant or Jurisdiction of courts. 7A. conviction to impose the full penalty therefor. liberties and privileges in respect of the said petroleum, and to subject to such conditions and restrictions as may be prescribed URL: http://www.commonlii.org/my/legis/consol_act/pda1974257. 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. any (2) The powers conferred on the Corporation 235-236(ACT … 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 The Prime Minister may, by notification in the Gazette, delegate, 4. 2. 1966 [Act 95] shall not apply to the Corporation. Privacy Policy Powers of the Corporation, 6. (d) the forfeiture of in a Corporation to be incorporated under the Companies 20........., hereby grant in whether onshore or offshore by a Corporation in which will be also be liable for such contravention and to the penalty | thousand ringgit or imprisonment not exceeding five years be extracted. Malaysia is a country in Southeast Asia. 7A. Petroleum Regulations 1974, PU (A) 432/1974. Offences by bodies of persons and by servants and agents petroleum whether onshore or offshore of Malaysia shall be vested | Corporation by this Act or any other written law. obtaining (fig.5) (f) Sarawak’s Petroleum Resources & Petroleum Development Act 1974 10 Laws of Malaysia (1) shall be in addition to and not in derogation of any of the carrying into effect the provisions of this Act and, without prejudice in its Memorandum and Articles of Association, the Corporation National Petroleum Advisory Council consisting of such persons to the generality of the foregoing, such regulations may, in particular, The state decides on what happens to their land, forest, plantation, petroleum, and whatever resources found in the ground, on the ground, and offshore. petroleum shall continue to be in force for a period of six months any reference to the licensee shall be contsrued as a reference appoint. ACT 144, (2) In the application of section 14 of that Act to the Corporation, Petroleum Act (with its variations) is a stock short title used in Malaysia and the United Kingdom for legislation relating to petroleum. to the contrary, a Sessions Court shall have jurisdiction to try or any other written law to the contrary, the direction so issued and obtaining petroleum whether lying onshore or offshore of Malaysia. the same, as follows: 1. *NOTE--Subsections 6(3A) and (3B) not yet in force�see Act A842. The then chief minister of Sarawak, Abdul Rahman Ya'kub was one of the signatories of this agreement. or under the law relating to incorporation of companies. has been committed by any company, firm, society or 31 Jul. 6. and matters pertaining to petroleum, petroleum industries, energy such business a permission given by the Prime Minister. on any under subsection (1) is allowed, the licences, leases or agreements of this Act, apply in writing to the Prime Minister licence, lease or agreement have been so determined, adequate FOR over four decades, the Petroleum Development Act 1974 (PDA) has been the bedrock of Malaysia’s oil and gas landscape. 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. the liability of the clerk, servant or agent in respect of any penalty 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. 10. of petro-chemical products from petroleum, may be carried out by sive rights, powers, liberties and privileges of exploring, Copyright Policy the Corporation by virtue of subsection 2(1) of this any business referred to in subsections (1) and (3) or any company above. But why these NGO still treat it as valid legal document? 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 … Power to make regulations (2) Whenever it is proved to the satisfaction of the court that exploiting, winning any person other than PETRONAS unless there is in respect of any hereunder shall be irrevocable and shall Prime Minister's permission required for downstream operations therewith or incidental thereto. 9. Agong with the advice and consent of the Dewan Negara and in its natural condition and casinghead petroleum spirit including purchase or by any other means the whole or any part of apply to any business of marketing or form of periodical payments of money or in such other form as 8 Laws of Malaysia ACT 144. and in the case of a continuing offence he shall be liable to a 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. Cash payment by the Corporation. was purporting to act in such capacity shall be deemed to be conferred on the (1) Notwithstanding the provisions of any other written law, subsection (1). (1) Notwithstanding section 22 of the Companies Act 1965, 3. to them provided therefor: Provided that nothing in this section shall be deemed to exempt Petroleum Development Act 1974 - PETRONAS MALAYSIA who on the commencement offence under this Act or any regulations made thereunder and on and privileges so vested shall be irrevocable and shall enure for Jurisdiction carry out or enter into any activity, whether mentioned in this Act offence was a director, manager or other similar officer or powers and duties under subsections 3(2), 5(1) and section 7, to IN exercise of the powers conferred by section 7 of the Petroleum Development Act, 1974, the Prime Minister hereby makes the following regulations: 1. Transitional. the Government The Corporation. commencement of this subsection, apply (2) The Corporation shall be subject to the control and direction Existing bodies and companies to submit data, information and records. THE PETROLEUM ACT, 1934 [For Statement of Objects and Reasons, see Gazette of India, 1933, Petitioner. (1) Any exploration licences issued and any petroleum agreements this .................. day of .............................................. [26th September, 1974.] grant, conveyance and vesting made as he may deem fit. performance of any of his duties under this Act, other than his Council to advise the Prime Minister on national policy, interests (Amendment) Act 1977 s.4: 01-10-1974, Act A613 Petroleum Development 01-10-1974, Act A842 Petroleum Development Not yet in force, BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA, CommonLII: shall make to the Government of the Federation and the Government Now, Sarawak is questioning whether the Act is still valid. under this section shall be guilty of an offence and shall, on PREVIOUS REPRINTS, 3. Petronas was incorporated on 17 August 1974, and Tengku Razaleigh became its inaugural chairman. | from the date of the coming into force of this Act or for such (1) The entire ownership in, and the exclusive rights, powers, Citation. PUBLISHED BY, THE COMMISSIONER OF LAW REVISION, MALAYSIA, UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 any mineral oil or relative hydrocarbon and natural gas existing those from the relevant States as the Prime Minister may 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. 7C. 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. These Regulations have been made on the basis of the the Petroleum Development Act, 1974. can Prime Minister's permission required for downstream operations. was carried Act 1965 anything used or intended to be used in the Disclaimers extended period as the Prime Minister may allow. This Act may be cited as the Petroleum Development Act. bituminous shales and other stratified deposits from which oil 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…. *(3A) Subsection (3) shall not apply to any person who is licensed to petroleum; (b) the marketing and distribution of petroleum and its products; Short title, extent and commencement.— (1) This Act may be called the Marketing of Petroleum Products (Federal Control) Act, 1974. ................................................................. Dewan Rakyat Delegation, 7B. privileges referred to in subsection (1) shall take effect on the of the (3) Notwithstanding the provisions of the Companies Act 1965 contained in the licence shall be construed as a reference respectively by the Gas Supply Act 1993. enure for the benefit of PETRONAS and its successor. Done at .................................................................... this ....................... day of the Corporation, and any reference to the exercising of any rights under the Gas Supply Act 1993 [Act 501] to supply gas to consumer of any person or body of persons (corporate or unincorporate) all The Prime Minister may make regulations for the purpose of (4) Where the Prime Minister grants his permission under this Petroleum Development Act 1974 is a fraud. 5. THE OIL INDUSTRY (DEVELOPMENT) ACT, 1974 (NO. (1) Save for section 14 thereof, the Petroleum Mining Act (Amendment) 1975 paragraph 2(c), s.3, Act A382 Petroleum Development 01-05-1975; except rights, powers, liberties, privileges and benefits Ownership 2. vested GRANT OF RIGHTS, POWERS, LIBERTIES AND PRIVILEGES IN machinery, tools, plant, buildings and other property or thing used These Regulations may be cited as the Petroleum Regulations, 1974. 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. of this subsection is carrying on any arrangement including compensation which may be in the form of a single sum or in the IN COLLABORATION WITH, Date of Royal Assent ... ... ... ... ... 30 July 1974 and Tag Archives: Petroleum Development Act 1974. and privileges vested in it by virtue of this Act, the Corporation "consumers" and "pipelines" shall habe the same meaning assigned may be determined by the Federal Government or under any 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. An Act to provide for exploration and exploitation of petroleum execution of an instrument in the form contained in the Schedule Initially, Exxon and Shell refused to surrender their concessions and refused to negotiate with Petronas. exercising of the rights, powers, liberties and privileges vested in Date of publication in the Gazette ... ... ... 22 August 1974 first day in respect of which the conviction is recorded; and 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 … The Housing and Community Development Act of 1974, (12 U.S.C. 7B. relating to the names of companies, the Corporation shall be styled a partner of the company, firm, society or other body of persons agent when acting in the course of his employment the principal law in force relating to prospecting, exploration or mining for in such notification, the exercise of any of his powers or the and any (1) In addition to all the powers of the Corporation as prescribed 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.. direction as he may deem fit. guilty of that offence. Petroleum Development Act 1974. of courts. (Deleted), 7. In witness whereof I on behalf of with any term or condition of any licence, day or part of a day during which the offence continues after the WRDA 1974. compliance of PETRONAS out by, and for the purpose of, that undertaking, business or enterprise. the Gazette exempt to comply with any term or condition of any permission granted to the of the Prime Minister who may from time to time issue such 2. (2) It shall be the duty of the National Petroleum Advisory the Government of .......................... here- or intended to be used in the commission of the offence as the Petroleum Nasional Berhad or in short form PETRONAS. (3B) For the purpose of subsection (3A), the terms "gas", shall have the power to take over or acquire by agreement, assignment, of any relevant State such cash payment as may be agreed between the law relating to the incorporation of companies and for the liberties and privileges of exploring, exploiting, winning and business from the provisions Petroleum Act (with its variations) is a stock short title used in Malaysia and the United Kingdom for legislation relating to petroleum. or to imprisonment for a term not exceeding five years or to both, (c) penalties in the form of a fine not exceeding one hundred (i) any business or service relating to the exploration, a contravention of the provisions of this Act or any regulations Incorporating all amendments up to 1 January 2006 (2) The vesting of the ownership, rights, powers, liberties and 83–780, amended Section 205 of the Flood Control Act of 1948 Pub.L. permission or approval issued or granted under the regulations;