To obtain the right to use the land referred to in Section 4 of the petroleum code, the holder of an authorization or a petroleum contract shall submit to the competent administrative authority a land enquiry file, the content of which shall be specified by regulation.
The objectives of such land enquiry shall be to:
(a) Determine the status of the land covered by the authorization or petroleum contract:
(b) Identify the holders of rights and property of portions of the land concerned:
(C) Inform the persons referred to in (b) above of the conditions for compensating them for the loss of their rights:
(d) Sensitize the population on petroleum operations.
Based on the findings of the land enquiry, the holder of an authorization or a petroleum contract shall submit to the competent authorities the required applications for land use in accordance with the laws and regulations in force.
Authorization for land use shall, where necessary be granted to the applicant to carry out petroleum operations and where the later fulfils the conditions laid down by the laws and regulations in force. In other cases, authorizations for land use shall be denied.
When an application relates to national land and private or public State land, authorizations for land use shall be granted by decree of the Prime Minister under the conditions provided for by the land tenure and State property regulations in force.
Where land use relates to private land owned by natural or legal persons, the Minister in charge of hydrocarbons shall submit an expropriation request to the Minister in charge of national lands in order for the State to acquire and place such land at the disposal of the holder in accordance with the land tenure and State property regulations in force.
Depending on the legal status of the lands concerned, the Minister in charge of hydrocarbons may request the Minister in charge of lands to classify as public land, incorporate into the private land of the State, or expropriate for public purposes, portions of land intended, as the case may be, to:
(a) Carve out land for construction, operation and maintenance of the hydrocarbons transportation system: or
(b) Carve out land to be covered by the protected areas previously specified by the Minister in charge of hydrocarbons and within which petroleum operations may be subject to certain conditions or prohibited, without giving rise to a claim for compensation in favour of the holder of an authorization or a petroleum contract.
Protected areas shall be created to preserve buildings, human settlements, springs, access roads, engineering structures and public interest works, as well as all other places where protected areas are considered necessary for the public interest.
The cost of releasing and making available the land referred to in Sections 58 and 59(1) of the petroleum code shall be borne by the holder who acquires the use of the land.
The decree referred to in Section 58(3) of the petroleum code may authorize the holder of an authorization or a petroleum contract to:
(a) Fell trees for wood required for its petroleum operations within the area of land used, against payment of the duties, taxes and royalties provided for by the laws in force; harness waterfalls and springs not exploited or reserved, subject to the applicable legal and regulatory provisions:
(b) Carryout the works necessary for its petroleum operations; within and outside the area covered by his authorization or the petroleum contract, and the related works referred to in section 61 of the petroleum code.
Apart from standard petroleum operations, the following activities and works shall be considered an integral part of petroleum operations where they are directly connected with hydrocarbon exploration and exploitation activities carried out by the holder of a petroleum contract:
(a) The building and operation of power plants, stations and lines:
(b) Telecommunications systems;
(c) Emergency facilities;
(d) Storage and warehousing of materials, equipment, products and waste, as well as facilities intended for ballasting and eliminating pollution;
(e) Buildings intended for staff accommodation, entertainment, hygiene, care and training:
(f) Construction or improvement of access routes, in particular roads, bridges, railroads, drains, canals, river or maritime ports and landing fields;
(g) Planting of reference and demarcation marks for the assigned land area.
The facility project referred to in Sections 60 and 61 of the petroleum code may be declared to be in the public interest under the conditions provided for by relevant applicable instruments, and the holder of an authorization or a petroleum contract being absolved of special or supplementary obligations imposed on him.
The holder of an authorization or a petroleum contract shall bear the expenses, compensation and, generally, all costs resulting from the implementation of Sections 57 to 62 of the petroleum.