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Rajya Sabha passes bill to boost investment in Oil and Gas exploration

Context:

Recently, the Oilfields (Regulation and Development) Amendment Bill, 2024, was passed by the Rajya Sabha through a voice vote.

More on the News

  • The Bill amends the Oilfields (Regulation and Development) Act of 1948 to enhance the ease of doing business in the exploration and production (E&P) sector.
  • Originally, oilfields, mines, and minerals were comprehensively regulated through the Mines and Minerals (Regulation and Development) Act, of 1948.
  • Then in 1957, the Mines and Minerals (Development and Regulation) Act was enacted for the development and regulation of mines and minerals.
  • The original Act of 1948 was renamed as the Oilfields (Regulation and Development) Act, 1948 and was made applicable to mineral oils only.

Objectives of the Bill

  • The Bill aims to streamline the oil and gas exploration business in India and delink petroleum operations from mining operations.
  • It calls for reporting of carbon and greenhouse gas emissions from mineral oil operations and facilitating comprehensive energy projects at oilfields, including renewables such as solar, wind, and others.
  • Towards decarbonising efforts, it has also expanded newer technologies such as green hydrogen and carbon capture utilisation and storage (CCUS). 

Key Amendments of the Bill

Expansion of Mineral Oils Definition:

  • The Bill expands the definition of mineral oils to include:
  • Naturally occurring hydrocarbons.
  • Coal bed methane.
  • Shale gas/oil.
  • Exclusions: Mineral oils will not include coal, lignite, and helium.

Introduction of Petroleum Lease:

  • The Act of 1948 provides for a mining lease. The Bill replaces the existing mining lease with a petroleum lease, which covers activities like exploration, prospecting, production, and disposal of mineral oils.
  • However, existing mining leases under the Act will remain valid.

Rule-Making Powers of the Central Government:

  • The Bill retains central government powers to make rules on:
  • Granting of leases, including terms, conditions, and areas.
  • Conservation, development, and production methods for mineral oils.
  • Collection of royalties, fees, and taxes.
  • New provisions in the Bill include rules on: 
  • Merger and combination of petroleum leases.
  • Sharing of production and processing facilities.
  • Lessees' obligations to protect the environment and reduce emissions.
  • Alternative dispute resolution mechanisms regarding petroleum leases.

Decriminalization of Offences:

  • The Bill proposes to remove the earlier imprisonment provision for the rule violation to make it more business-friendly. However, it increases the monetary fine for them from Rs. 1000 to Rs 25 lakhs. 
  • The also adds new offences:
  • Undertaking activities like exploration, prospecting, or production without a valid lease.
  • Non-payment of royalty.
  • These new offences are also punishable with a penalty of Rs 25 lakh. However, continued violations in all offences will attract an additional penalty of up to Rs 10 lakh per day.

Adjudication of Penalties:

  • The central government will appoint an officer of the rank of Joint Secretary or higher to adjudicate penalties.
  • Appeals can be made to the Appellate Tribunal under the Petroleum and Natural Gas Regulatory Board Act, 2006.

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