Petroleum Act, 2019. Pays/Territoire Kenya Type du document Législation Date 2019 Source FAO, FAOLEX Titre completAn Act of Parliament to provide a framework for the contracting, exploration, development and production of petroleum; cessation of upstream petroleum operations; to give effect to relevant articles of the Constitution in so far as they apply to upstream petroleum operations, regulation of midstream and downstream petroleum operations; and for connected purposes. Sujet Énergie, Environnement gén., Ressources minérales, Eau Mot clé Bioénergie Biocarburant Conservation de l'énergie/production de l'énergie Normes environnementales Gaz naturel Hydrocarbures Normes Protection de l’environnement Prévention des risques biotechnologiques Utilisation durable Prélèvement d'eau Lutte contre la pollution Pollution des eaux douces Aire géographique Afrique, Afrique Orientale Résumé This Act applies to all upstream, midstream and downstream petroleum operations being carried out in Kenya and is created to be the prevailing legislation in matters regarding upstream, midstream and downstream petroleum operations. The Law provides that the Cabinet Secretary shall develop and publish a national policy on petroleum operations which are to be reviewed at least once in every five years. The Law tasks the national government to create a conducive environment for investments in petroleum operations and infrastructure development; this includes facilitating access to land for exploration activities. The Law further provides certain functions of the Cabinet Secretary, with respect to fostering its mandate, including to review an application made under this Act for a license or permit before entering into negotiations with an applicant in relation to a petroleum agreement and, where necessary and on the recommendation of the advisory Committee, reject an application made under this Act in the national interest; to negotiate, enter into or revoke a petroleum agreement or appoint an authorized representative to enter into or revoke a petroleum, generally oversee upstream petroleum operations carried out under the terms and conditions of a petroleum agreement; among others. It establishes the National Upstream Petroleum Advisory Committee to generally advise the Cabinet Secretary on upstream petroleum operations, the suspension, revocation or termination of a petroleum agreement; assist the Cabinet Secretary to develop criteria for the negotiation of petroleum agreements between the Cabinet Secretary and a contractor, among other duties. The Law also mandates strict compliance to environmental, health and safety standards, by placing an obligation on contractors to take all reasonable steps to secure the safety, health and welfare of persons engaged in all its operations around the contract area, deploying the best available technology for this purpose, amongst others. Annexed to this, it provides that waste management is conducted in accordance with all the applicable environmental, health, safety and maritime laws and best petroleum industry practices. Texte intégral Anglais