- For the benefit of non-participants, a summary list of subjects and speakers at Houston follows:
- “Recession and Oversupply: change in the world's oil industry: overview,” Prof. M. Adelman, “financing changes,” G. Miller, “legal changes,” C. McPherson, “the post- recovery picture,” Dr. P. Frankel; “Oil and Gas Law and Policies in Latin America: general survey,” E. Murphy Jr. and F. Lopez-Herrera, “Argentina,” J. Bosch and E. Cardenas, “Brazil,” U.G. Keener and W. Weiland, “Colombia,” A. Bernate-Rodrigues and A. Torres-Pena, “Peru” R. Harten Costa; “Oil is where you find it: true or false?” Dr. D. Biggins; “U.S. Taxation” D. Glickman, W. Taylor, C. Nordberg and P. Jeffcote; “Petroleum taxation principles,” Prof. A. Kemp.
- “Natural Gas Sales and Transmission Risks: Role of Government,” D. Bardin, “commercial relations,” G. Greenwald, “European gas contracts,” Dr. H. Thiele, “Norwegian North Sea gas contracts,” O. Biller, “international gas project development,” P. Outhit.
- “Legal Consequences of Accidents to Offshore Installations: Canada,” I. Townsend Gault, “England,” Dr. D. Abecassis and Prof. R. Bentham, “Japan,” Prof. Kanazawa/A. Okutani, “Norway,” Asst. Prof. K. Kaasen, “USA,” W. Faris; “Developments in Concessions: contractual versus regulatory models,” Dr. M. Crommelin and Prof. A. Thompson, “the Japanese model,” Prof. Y. Narita, “developments in Norway and Denmark,” O. Lindseth and E. Dragsted, “developments in Francophone West Africa,” J.T. Brown and Y. Boon; “International Oil Trading: practice,” Nicholas Connolly, “legal problems,” S. Pfeiffer. “Coal: liability for mining subsidence,” Prof. Y. Nomura and Dr. J. Seeliger, “carriage of coal by sea,” P. Willis, “coal degasification,” B.W. Dunn et al. “The Emerging Role of the Reporting Engineer,” A. Montague and R. Young; “The Role of Banks in Energy Financing,” A. Eschenlauer; “Energy and Natural Resource Projects in Federal Countries: Australia,” M. Roberts and Dr. M. Crommelin, “Canada,” Prof. C. Hunt and G. Doucet, “USA.” R. Rosan and Prof. K. Blinn. “Hard Minerals: onshore agreements,” D. Rankin-Reid, “deepsea mining,” D. Davies, “the role of government,” T. Wälde; “Negotiating Operating Agreements,” A. Baker, D. Moroney, V. Gaymer, M. Webb, R. Bond and W. Mackinnon.
- International Bar Association, World Energy Laws (1975).
- International Bar Association, Petroleum Law Seminar (1978).
- International Bar Association, Energy Law Seminar (1979).
- International Bar Association, Banff Energy Law Seminar (1981).
- IBA/Lawasia, Energy Law in Asia and the Pacific (1982).
- Jan Dalhuisen has a different explanation, see below, at p. 173.
- In World Energy Laws, supra, note 2, at pp. 47–59.
- Ibid. at p.49.
- e.g. development of shale oil deposits, or of methane production from coal seams.
- “Development of U.S. tax law as it applies to resource projects,” Houston Proceedings, Topic 4(a).
- Proceedings of this seminar were published as Daintith (ed.), The Legal Character of Petroleum Licences: a Comparative Study (1981).
- For full titles and publications details see above, p. 166, notes 2–6.
- “State Entities & Foreign Oil Companies: The Contest for Mastery of Latin American Oil & Gas.”
- They were the papers of Heino Thiele (read by Wolf-Rainer Bentzien), Odd Ivaar Biller and Peter Outhit on Natural Gas Sales, of Yves Boon on the Ivory Coast, of Peter Willis on Coal Exploration and of Derek Rankin-Reid on Hard Minerals, all of them excellent.
- For figures see above, pp. 166–167.
- See Miller, “The Impact on Energy Financing of the Perceived Energy Supply Position.”
- See Eschenlauer, “The Role of Banks in Energy Financing.”
- “After Economic Recovery: Likelihood of Oversupply.”
- “Recent Developments in Petroleum Laws & Contracts.”
- Supra, note 7.
- Supra, note 2.
- “The Nature & Operation of Onshore Hard Minerals Agreements.”
- “Role of Government in Mineral Resources Development: Mining & Investment Legislation & Mineral Development Agreements.”
- For an analysis of this proposition see the excellent article by David H. Getches, “Preface: On Natural Resources as an Area of the Law” (1982) Vol. 19, No. 2, Public Land and Resources Law Digest, p. 214.
- For discussion of scope and definition of role of the energy lawyer refer to Richard Bentham's paper “The Lawyer's Role in the Oil Industry (Private Practitioners: Lawyers in Industry or State Employment)”—Paper 30 presented at 1978 Cambridge Energy Law Seminar I (“Cambridge I”).
- Houston Topic 1: “Effects of Simultaneous Occurrence of Recession and Oversupply”—Dr. M. A. Adelman and “After Economic Recovery: Likelihood of Oversupply”—Dr. P.H. Frankel.
- Frankel, p. 5.
- Houston Topic 1 presentation.
- 1982 Singapore Energy Law in Asia and the Pacific Seminar (“Singapore”) Topic 2: “Alternative Energy”—IBA—Energy Law in Asia and the Pacific at pp. 39–252.
- 1981 Banff Energy Law Seminar (“Banff”) Topic 5: “Current Developments in Alternative Energy Law”—IBA—Energy Law 1981 at pp. 379–543 and see also papers presented at 1979 Cambridge Energy Law Seminar II (“Cambridge II”) Topic 0: “Nuclear Energy, Uranium and Renewable Energy Sources.”
- Singpore Topic 5: “Recent Developments in the Region” at pp. 391–502; Banff Topic 4: “Current Developments in Oil and Gas Law” at pp. 135–378; Cambridge II Topic 1: “Far East—Legal Considerations in Petroleum Activities,” and Topic Q: “Comparison of Terms to attract Petroleum Development in Four Countries,” and Cambridge I Topic C: “The U.K. Petroleum Regime” and Paper 32: “The Petroleum Regimes of Norway, the Netherlands, Denmark, and of France, Germany and Ireland.”
- Houston Topic 2: “State Entities and Private Oil Companies: The Contest for Leadership in the Development of Latin American Oil and Gas”—E. E. Murphy Jr.
- Murphy at pp. 26–27.
- Cambridge II Topic R: “Ten Years of State Involvement in the Petroleum Industry in Unitd Kingdom, Norway, Australia and Canada”; Banff Topic E: “National Oil Companies—Quo Vadis” and Singapore Topic 4: “Legal Aspects of Doing Business with National Oil Companies in the Region.”
- Houston Topic 7: “Petroleum Policy and Legal and Contractual Frameworks—the Norwegian Case”—O. A. Lindseth; “Recent Developments in Denmark”—E. Dragsted; “Recent Developments in West Africa”—J. T. Brown and commentary by Y. Boon.
- “The Policy and Practice on China's Offshore Petroleum Exploration in Co-operation with Foreign Enterprises”—Tang Changxu.
- Tang Changxu at p. 7.
- See Joint Press Release by Commonwealth Treasurer and the Commonwealth Minister for Resources and Energy No. 83/48 of December 21, 1983. At that time the Government's intention was expressed to be “to have an RRT operative in this (petroleum) sector in 1984–85. The objective is to have the RRT encompass all petroleum products, (i.e. crude oil, condensate, LPG and natural gas) and to replace existing excises and royaltie. in this area,” (P. I.). In addition the Government released at the same time a “Discussion Paper on Resources Rent Tax in the Petroleum Sector” December 1983.
- See Press Statement by Commonwealth Minister for Resources and Energy No. 84/2 of January 23, 1984.
- See Joint Press Release by the Commonwealth Treasurer and the Commonwealth Minister for Resources and Energy of 18th April, 1984 and Government Paper: “Outline of a ‘Greenfields’ Resource Rent Tax in the Petroleum Sector”—April 1984.
- “New” oil is that discovered after September, 1975.
- Houston Topic 4: “Review of Development of US Tax Law As it Applies to Resource Projects, including Foreign Projects”—D. G. Glickman and L. W. Hitchery; Untitled Paper by C. A. Nordberg and “United States Taxation of Resources Projects”—W. B. Taylor.
- Houston Topic 1: presentation.
- Singapore Topic 9: “Financing of Energy Resource Projects”: Banff Topic 10: Workshop: “Joint Venture Financing—Lenders’ Requirements”; Cambridge II Paper 6: “Legal Problems Encountered in Throughput Financings”—G. A. Whalley and Topic N: “Financing” and Cambridge I Topic H: “Financing.”
- Houston Topic 1: “New Modalities as to Sources and Legal Structure of Relations Between Debtors and Creditors with Respect to Oil Venture Financing”—G. S. Miller.
- Miller at p. 4.
- Miller at p. 8.
- Houston Topic 11: “The New Twist in Energy Project Financings”—A. C. Eschenlauer.
- Eschenlauer at p. 1.
- Eschenlauer at pp. 1–2.
- Houston Topic 11 presentation.
- Robert Nicholls—Australia; Roger Davies—England and William Lee—France.
- Houston Topic 12: “Analysis of Constitutional Issues for Energy Projects in Canada”—C. D. Hunt particularly at pp. 5–9 and “Offshore Jurisdiction under a Federal Constitution”—G. J. Doucet.
- Houston Topic 12 Presentation: “Federal & State Impacts on Resource Projects in the United States of America”—K.W. Blinn.
- The Commonwealth v. Tasmania (1983) 46 A.L.R. 625.
- Houston Topic 12: “Energy & National Resource Projects in Federal Countries—Australia”—M. G. Roberts.
- Roberts at p. 21.
- Hunt at pp. 11–12.
- “Discussion Paper on Rent Resources Tax in the Petroleum Sector”—December 1983 at para. 53.
- “Outline of a ‘Greenfields’ Resource Rent Tax in the Petroleum Sector”—April 1984 at paras. 3 and 4.
- Houston Topic 12: “Federal and State Impacts on Resource Projects in the United States of America”—R. A. Rosan.
- Rosan at p. 9 and App. 2.
- Rosan at p. 11 and App. 3.
- Rosan at p. 12 and App. 4.
- Hunt at p. 15.
- Constitution—s. 109.
- Proposed Aboriginal and Torres Strait Islanders Heritage (Interim Protection) Act.
- Aboriginal News Letter No. 122 March 1983, a publication of the Department of Aboriginal Affairs Canberra.
- Northern Territory. Aboriginal Land Rights (Northern Territory) Act 1976 (Cth); Aboriginal Land Act 1978 (N.T.); Aboriginal Sacred Sites Act 1978 (N.T.); and Crown Lands Act 1978 (N.T.). South Australia. Aboriginal Lands Trust Act 1966: Aboriginal Heritage Act 1979: Pitjantjatjara Land Rights Act 1980; and Maralinga Land Rights Bill 1984. New South Wales: Aboriginal Land Rights Act 1983. Victoria: Archaelogical and Aboriginal Relics Preservation Act 1972; and Aboriginal Land Claims Bill 1983. Tasmania. Aboriginal Sites and Relics Act 1975. Western Australia. Land Act 1904; Aboriginal Affairs Planning Authority Act 1972; Aboriginal Heritage Act 1972; and Community Welfare Act 1972.
- The Aboriginal Land Inquiry—being conducted by P. Seaman Q.C. since May 10, 1983.
- “The Aboriginal Land Inquiry—Discussion Paper”—January 1984 at para. 1.7(1).
- Houston Topic 6: “The Legal Consequences of Accidents to Offshore Installations—An Introduction”—Prof. R. W. Bentham; “Some Thoughts from the Intensive Care Unit”—Dr. D. W. Abecassis; “Alexander L. Kielland”—Tackling a Catastrophe—Ast. Prof. K. Kaasen; “Accidents to Nuclear Institutions in Japan”—Prof. Yoshio Kanazawa and Akihito Okutani; “Legal Consequences of Accidents to Offshore Installations in Canadian Law”—I. T. Gault and “The Legal Consequences of Accidents to Offshore Installations under the Law of the United States of America”—W. M. Faris.
- Bentham at pp. 2–4.
- Faris at pp. 2–3.
- Kaasen at p. 1.
- Gault at pp. 11–14.
- ‘Key Biscayne’ (Jack-Up Rig)—Preliminary Investigation into Loss of Tow and Subsequent Foundering off the Coast of Western Australia on September 1, 1983” made pursuant to s.377A(l) of the Navigation Act 1912.
- Preliminary Investigation at p. 16 and Bentham at p. 6.
- Gault at p. 13.
- Preliminary Investigation at p. 16.
- Kaasen at p. 31.
- Bentham at p. 5.
- Abecassis at p. 5.
- Kaasen at p. 10.
- Gault at p. 4.
- 512 F.2d 817, 823–24 (5th cir. 1975).
- Faris at p. 4.
- Houston Topic 7: “A New Era of Concessions? The Government Agreement in Australia”—Dr. M. Crommelin; “Contractual v. Regulatory Models for Major Resource Development Projects: The Case for Infrastructure Agreements”—Prof. A.R. Thompson and “Japanese Contractual Models in Relation to the Safety Regulation of Atomic Energy”—Prof. Y. Narita.
- Houston Topic 7: Comment by S. Bullrick—Argentina.
- Houston Topic 7: Comment by L. Williams—France.
- Houston Topic 7: Comment by C. Wise—Australia.
- Houston Topic 5: “World Gas Trade: The Role of Government”—D. J. Bardin; Natural Gas as World Trade: The Commercial Context of Legal Relations—G. B. Greenwald; “Gas Contracts—European Perspectives”—Dr. H. Thiele; “Special Features of Norwegian North Sea Gas Contracts”—O. I. Biller and “Developing an International Natural Gas Project”—P. A. Outhit.
- For an even more recent contribution in this area see paper “Effect of Changed Circumstances on Mineral and Petroleum Sales Contracts”—M. E. Wright, presented at Australian Mining & Petroleum Association's Conference—Perth—June 1984.
- Houston Topic 9: “The Technological Economic and Legal Aspects of Methane Production from Coal Seams”—B. W. Dunn, L. T. Gremillion and M. P. Pearson.
- Dunn, Gremillion and Pearson at pp. 64–88.
- Willis at pp. 16–24.
- Houston Topic 13: “Deep Sea Mining of Hard Minerals: Actualities”—David S. Davies.
- Davies at p. 4.
- Houston Topic 13: “The Role of Government in Mineral Development—Mining Legislation and Mineral Development Agreements”—Thomas W. Waelde.
- D. F. Moroney representing the Operator, and M. Webb, V. Gaymer and R. Bond representing respectively each Non-Operator.
- At Clause 7.4.
- Singapore Topic 10: “Joint Ventures”—Papers generally and particularly “Forms of Joint Ventures”—M. Roberts and C. Robson; Banff Topic 6: “Operating Agreements” Papers and Cambridge I Topic E—”Association Agreements” Papers. For a general introduction to the principles see Houston 9: Paper by Dunn, Gremillion and Pearson at pp. 58–64.
- Houston Topic 3.
- Houston Topic 10.
- Biggins at p. 26.
- Houston Topic 5: “Developing an International Natural Gas Project”—P. A. Outhit.
- Houston Topic 4: “U.S. Taxation Interaction with the U.K./North Sea Regime”—P. Jeff cote.
- Houston Topic 10: “The Emerging Role of the Reporting Engineer: Project Watchdog”—R. M. Young.
- S. C. Pfeiffer at pp. 3–7.
- Houston Topic 14 Materials: “Negotiating Operating Agreements.”
Journal of Energy & Natural Resources Law
Volume 2, 1984 - Issue 3