Latest update December 21st, 2024 1:52 AM
GCCI continues public lecture series on oil and gas
The Georgetown Chamber of Commerce and Industry (GCCI) will continue another round of its three-day series of public lectures on Oil and Gas Sector Development and the draft Petroleum Commission Bill. It is being held today at the Roraima Duke Lodge Hotel in Kingston, Georgetown.
GCCI President, Deodat Indar
The speakers areKevin Ramnarine, Trinidad and Tobago’s former Minister of Energy; former Speaker of the National Assembly, Ralph Ramkarran and GCCI President, Deodat Indar. The public discussions got underway on Monday in the mining town of Linden.
The interaction, which was facilitated by the Linden Chamber of Industry, Commerce and Development, was attended by over 30 businessmen and saw fruitful discussions on matters relating to the oil and gas sector.
Ramnarine and Indar briefed the Linden businessmen on a wide range of topics including improvements necessary to the draft Petroleum Commission Bill, how Lindeners can get involved in the emerging oil and gas sector by making themselves competitive, and opportunities available for training with organizations such as ExxonMobil’s Centre for Local Business Development.
Several anti-corruption advocates have already started the process of scrutinizing the existing laws governing the emerging sector. In this regard, a number of loopholes have been identified.
Chartered Accountant and Attorney-at-Law, Christopher Ram is one such person who has been vocal in this regard. Ram had given extensive commentary recently on the Petroleum Commission Bill. Ram finds this Bill to be the epitome of legal laziness.
On his blog, www.chrisram.net, Ram noted that the Bill, which has been published by the government for public comments, has several flaws and worrying aspects.
He cited a clause in the Act dealing with repeal. Ram commented that he found this particularly interesting since the clause seeks to repeal any provision in the Guyana Geology and Mines Commission Act (GGMC), the Mining Act and any other legislation that are in any manner inconsistent with “the provisions of the Act”.
Ram said that it is bad enough that the Bill is described as an Act. “But how in the name of legal drafting is any person to know which other legislation to refer to in order to ascertain the matters so repealed. This is legal laziness at its worst.”
The Chartered Accountant also took issue with the penalties under the Bill. He said that they are quite severe. As is customary, Ram said that various clauses in the Bill create obligations and offences for which penalties are specified.
Clause 51 does a mopping up exercise by providing that where no penalty attaches to an offence committed under the Bill, the penalty is $10 million and imprisonment for three years. Additionally, Clause 49 of the Bill which empowers the Minister to make regulations for the proper administration of the act also empowers him to provide penalties of a fine of up to $5 million and imprisonment for three years.
Touching on other worrying aspects of the Bill, Ram sought to note that there are 51 Clauses covering areas such as establishment and incorporation of the Petroleum Commission; functions and duties of the Commission; and financing, among others.
The broad function of the Commission is stated in Clause 4 as “to monitor and regulate the efficient, safe, effective and environmentally responsible exploration, development and production of petroleum in Guyana”.
The lawyer asserts that the clause also gives to the Commission the duty to review and recommend to the Minister for approval, amendment or rejection the plans, proposals, reports, analyses, data and any other information submitted by an applicant or operator in support of an application for the granting or renewal of a petroleum prospecting licence or a petroleum production licence.
He said that it is important to note that the Committee has no power when it comes to recommending the granting, suspension or revocation of any petroleum licence.
The Commission is also compelled to comply with such directions. Ram explained that it means that the Minister not only chooses who he wants as directors but determines the resources at their disposal to be truly effective.
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