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The Oil and Gas Authority (Levy) and Pollution Prevention and Control (Fees) (Amendment) Regulations 2018

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2.  In this Part—

“leviable costs” means the sum of the costs incurred by the OGA(1) and the Lord Chancellor in exercising the functions referred to in section 13(2)(a) of the Energy Act 2016 excluding any costs incurred in the exercise of functions referred to in section 13(2)(b) of that Act;

“licensee” means a person holding a petroleum licence;

“non-production levy” means the licensing levy payable by a licensee for the relevant charging period to which regulation 4 applies;

“offshore exploration licence” means a petroleum licence of the sort referred to in regulation 2(2)(a) of the Offshore Exploration (Petroleum, and Gas Storage and Unloading) (Model Clauses) Regulations 2009(2), relating to an area any part of which lies within offshore waters;

“offshore production licence” means a petroleum licence relating to an area any part of which lies within offshore waters which is not an offshore exploration licence;

“offshore waters” means—

(a)

the waters comprising the territorial sea of the United Kingdom, and

(b)

the sea in any area for the time being designated under section 1(7) of the Continental Shelf Act 1964(3);

“production levy” means the licensing levy payable by a licensee for the relevant charging period to which regulation 3 applies;

“petroleum licence” means a licence granted under—

(a)

section 2 of the Petroleum (Production) Act 1934(4) (licences to search for and get petroleum); or

(b)

section 3 of the Petroleum Act 1998(5) (licences to search for and bore for and get petroleum),

which is not an excluded licence(6) in relation to the relevant charging period;

“relevant charging period” means the period beginning on 1st April 2018 and ending on 31st March 2019; and

“relevant time” means 12.01a.m. on 1st April 2018.

(1)

“OGA” is defined in section 1(4) of the Energy Act 2016 as the Oil and Gas Authority.

(2)

S.I. 2009/2814; this instrument is amended by S.I. 2016/912 and S.I. 2016/992.

(3)

1964 c.29; section 1(7) is amended by the Oil and Gas (Enterprise) Act 1982 (c.23) section 37, schedule 3, paragraph 1.

(4)

1934 c.36; this Act is repealed by the Petroleum Act 1998 (c.17), section 51 and Schedule 5, subject to the savings provisions set out in Schedule 3.

(5)

1998 c.17; section 3 is amended by the Scotland Act 2016 section 48(1) to (4) and by S.I. 2016/898.

(6)

“Excluded licence” is defined by section 13(10) of the Energy Act 2016.

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