Section 14
Permission to enter upon alienated land
Where a licensee or a person who is a party to a petroleum agreement has been refused entry upon any alienated land by the owner thereof, the licensee or the person may make an application to the State Authority for permission to enter upon that land; and the State Authority may, subject to subsection (2), grant the permission applied for on condition that the applicant undertakes to pay compensation for all the damage which may be caused to the land or crops or property therein upon such entry or on such other conditions as the State Authority may deem fit to impose.
(2)
Before granting the permission under subsection (1), the
State Authority shall grant to the owner of the alienated land the right of being heard, and the permission so granted shall be final and shall not be questioned in any court of law.
(3)
Upon the production to the owner of the alienated land of the permission granted under subsection (1), the owner shall allow the person in whose favour the permission is granted or a person authorized by him to enter upon that land.
(4)
If, after the permission referred to under subsection (1) has been produced to him, the owner of the alienated land refuses or fails to allow entry upon his land by the person in whose favour the permission is granted or the person authorized by him, the owner shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five hundred ringgit and a further fine not exceeding ten ringgit for every day during which the refusal or the failure continues.
(5)
For the purpose of this section the expression “owner” includes chargee, lessee, occupier or any person having interest in the land;
and the expression “entry” includes the exercising of any rights contained in the licence or the petroleum agreement.
Petroleum Mining 13
FIRST SCHEDULE
[Subsections 5(1) and paragraph 12(1)(vii)]
APPLICATION FOR AN EXPLORATION LICENCE OR FOR A
PETROLEUM AGREEMENT
(l)
Name(s) of applicant(s) in full:
(2)
If application is by an individual or individuals—
(a)
address:
(b)
nationality:
(c)
occupation:
of each individual.
(3)
If application is by a company—
(a)
law under which company is incorporated:
(b)
principal place of business:
(c)
if principal place of business is outside Malaysia, name and address of duly authorized agent in Malaysia:
(d)
nature of business:
(e)
name and nationality of each director:
(f)
name of each principal shareholder and the amount of shares held by him:
(4)
Whether an on-shore petroleum agreement or an off-shore petroleum agreement or petroleum exploration licence is required:
(5)
Situation and approximate area of the land in respect of which application is made:
(6)
Brief particulars of previous experience in petroleum prospecting or oilfield development work:
(7)
Name and qualifications of technical experts or advisers:
(8)
Brief particulars of interest in and access to refining and marketing facilities outside Malaysia:
(9)
Amount of capital for operations under the exploration licence or petroleum agreement applied for—
(a)
at present available:
(b)
which applicant can make available and the source:
I/We hereby declare that all the foregoing particulars are correct.
Signature(s) of Applicant(s)*
*If the applicant is a company state capacity in which form is signed.
14
SECOND SCHEDULE
[Subsection 7(5)]
Government of ........................
EXPLORATION LICENCE
Interpretation