RE: Goodman on the move24 Jun 2022 14:52
Manyana: "I mentioned the 1992 document which was further clarification to the original law which was set years prior to that."
The 1992 document is not a statutory instrument. It does not have the status of law at all, let alone being "the official and current law". You suggested Varadkar might "like to point out where his contention [about needing financial backing] is covered in the Licensing Terms for Offshore Oil and Gas Exploration and Development 1992, which is the official and current law". I showed you that it's there in section 3. It's not "the law", but it doesn't matter because the 1960 legislation already grants the minister the right to do everything that's in the 1992 document. If it didn't, the 1992 document would be illegal.
Manyana: "But one element in that original document, which was a law, stated 'such lease shall be made subject to the payment to the Minister of such moneys ....' ... In other words, if the minister was being paid a fee for the license, it was a legal entity that the minister was not the custodian of the lease unless the lessee did something illegal."
You will find in Chapter 3 section 6 of the legislation that there is a clear distinction between:
a) the licensee under an exploration licence, a petroleum prospecting licence or a reserved area licence which is for the time being in force and includes that area,
and
b) the lessee under a petroleum lease which has not expired and which includes that area.
Each term is then separately defined -- petroleum prospecting licenses (section 9), petroleum lease undertakings (section 10), and petroleum leases (section 13). You are quoting section 13.
PVR DOES NOT HAVE a petroleum lease, has never had a petroleum lease, and has never paid money for a petroleum lease. It paid for an exploration license, which expired in July 2021 and at the end of which "the Licensee is required to either forfeit the licence or apply to the Minister for a successor authorisation, which could be either a Lease Undertaking or a Petroleum Lease".
Manyana: "So, has Providence been paying a fee for the Barryroe license, is it still paying a fee for the license? If so, Ryan will end up with a big bill for all the payments Providence has paid over the years if he tries to crush the lease".
THEY DO NOT *HAVE* A LEASE. What's more, the terms of the extension of the Barryroe exploration license to July 2021 (previously 2019) included a commitment to assess the potential of the underlying Jurassic which, as far as I'm aware, they never did due to the APEC failure. So PVR could be accused of not even carrying out their commitments under the exploration license, let alone not qualifying for a lease undertaking by way of lack of financial resources which the minister is entirely within his rights to consider.
PVR can certainly make the case that they should have the right to progress their involvement in Barryroe through its normal course, but it is by no means a slam dunk.