Thursday 17 September 2015
Ministry of the Environment has introduced lower fees associated with mining exploration and identification of hydrocarbons
Ministry of the Environment has introduced lower fees associated with
mining exploration and identification of hydrocarbons, announced in the
official communication. The fees have been imposed on the companies, which are
seeking deposits of oil or gas, domestic as well as foreign. Charges in the
calculation of the charge resulted from the recently updated Geological Act and new Mining Law, adopted by the ministry.
The fees have been imposed on the
companies that are seeking deposits of oil or gas, domestic as well as foreign.
The charge is to be paid annually and does not depend on the outcome of the
exploration.
Ministry explained that even
though the companies which are only exploring as well as those which are
already extracting have to pay the fee, their operations affect the algorithm
describing the fee.
The base rates are calculated for
the period of three and five years according to the scheme: the area covered by
the contract is multiplied by the rate expressed in the Geological Act. If the
company exceeds the duration of the contract, the rates are calculated by
elevated algorithm. The case of lack of
operations in any part of the area described in the contract are influencing
eventual increase of charges.
On the contrary, the reduction of
the fee is defined in the agreements between the entrepreneur and the Treasury,
and depends on the mode in which an agreement was signed for the establishment
of mining activities.
"Planned changes will not cover
contracts concluded by tender or procedures so called “open door”. In the case
of contracts concluded in the tender procedure, fees’ reduction will be
possible by signing an annex to the contract in accordance with the provisions
of civil law" – highlighted the Ministry.
New rules will be implemented
from 1 January 2016, therefore the companies still have four months to
understand eventual annexes to all the existing contracts.
In Poland, there are nearly 170
licenses for prospecting and exploration of conventional and unconventional
hydrocarbons, of which 56 relates to shale gas. Additionally, Poland issued
approx. 230 licenses to extract hydrocarbons (all relating to exploitation of
gas and oil from conventional deposits) (December 2014).
The lowering of the fees definitely
aimed at attracting the companies that are still exploring Poland and its
deposits of shale gas. Over the course of last year/two years, many companies (
especially of foreign capital) stopped exploration work in Poland, due to the
long bureaucratic process, high costs of exploration and the quality of
discovered deposits as such.
Based on:
https://www.mos.gov.pl/g2/big/2015_09/629bbcc8bc7cfe95d9c88ea51c01df71.pdf
http://www.opppw.pl/pl/faq/29
Image:
http://www.riskmanagementmonitor.com/wp-content/uploads/2011/02/gas-drilling.jpg
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