Key Benefits:
VISTO Issue No. 750-000688/95 of the Register of the MINISTERY of ECONOMY AND ARTWS AND PUBLIC SERVICES, and
CONSIDERING:
That it is necessary for the agricultural producer to receive an adequate retribution for the occupation of his property and the damage caused to the farms that develop in them, in order to reconcile the overlap of the agricultural and oil activities, which are carried out simultaneously.
That the factors taken into account for the determination of the compensatory values for the drylands of the South Zone, established in Decree No. 2006 of 23 September 1993, have experienced a variation that requires the modification of them.
It is appropriate to take as a basis for the calculation of the compensatory values the production costs of each subzone, so that such values are determined in an areaal manner as provided for in Article 100 of Law No. 17.319.
That the values contained in this Decree were determined on the basis of studies carried out by the Advisory Commission established by Decree No. 6803 of 28 October 1968 for that purpose.
It is appropriate to keep the payment for the control costs of the oil activity in order to respond to the higher costs that the agricultural producer must face.
It is appropriate to maintain payment for the damage caused by agricultural exploitation by the extraction of groundwater and surfaces destined for oil activity.
It is appropriate to maintain the mechanism provided for in Decree No. 2006 of 23 September 1993 for the delegation of powers for such purposes.
May the present frame within the guidelines established by Decree No. 6803 of 28 October 1968 and its amendments.
That the present act is determined in accordance with Articles 98 (h) and 100 of Act No. 17.319 and Article 7 of Act No. 21.778 and in the use of the powers conferred by Article 99 (2) of the National Constitution.
Therefore,
THE PRESIDENT
OF ARGENTINA NATION
DECRETA
Article 1-Companies under the Acts No. 17.319 and No. 21.778 carry out exploration activities. the exploitation and transport of hydrocarbons in the Provinces of the CHUBUT, SANTA CRUZ and TIERRA del FUEGO, ANTARTIDA and ISLAS del ATLANTICO SUR, henceforth the PETROLERAS, and that in common agreement with the owners of superficiary funds on which the oil activities are carried out, henceforth the damages SUPERIFIARY Laws,
Art.2°-The development of the activities mentioned in Article 1 of this Decree in a property located in the territories mentioned, will generate differential compensation according to the area in which it is located, To this effect is called "A" zone, understood by the Provinces of the CHUBUT and SANTA CRUZ, from the northern border of the Department of GUERAIKE of the second of the Provinces named, to the North, excluding in both Provinces of the Precord The compensatory procedure is carried out in Articles 11 to 33 inclusive of this Decree.
Art. 3°-Emerging compensation for the extraction of gravel for exploration. exploitation and transportation of hydrocarbons will be the one that freely agrees with the parties.
Art. 4°-Emerging compensation for the extraction of land or arids without classifying for the exploration, exploitation and transport of hydrocarbons will be the one freely agreed upon by the parties.
Art. 5°-In the event of a dispute between the parties for the determination of the awards set out in Articles 3 and 4 of this Decree and always in common agreement between the parties, they may be submitted to the opinion of the Advisory Commission established by Decree No. 6803 of 28 October 1968.
Art. 6°-When, by the hydrogeological and hydrometeorological conditions of the place, the existence of water, in the opinion of the competent Provincial Authority, is critical, the oil companies cannot extract or make use of it for their industrial needs.
Art. 7°-Otherwise, the PETROLERAS may make use of the waters for their industrial needs in accordance with the provisions of Articles 8, 9 and 10 of this Decree, provided that they have previously demonstrated to the competent Authority the impossibility of extracting or making use of saltwater, saltwater and in general those that are not suitable for human consumption or use of agricultural activities.
Art. 8°-Any use of surface or groundwaters that review the nature of public goods or that by its ability to satisfy the uses of general interest the competent Authority considers them such, shall be subject to the legislation and/or regulations that on granting the concession, payment of irrigation canon, quantity to extract, etc., exist in each Province.
Art. 9°-The extraction of groundwater or landfills considered as public goods will result in compensation for SUPERFICIARY, in the event of damage caused by such extraction, of the amounts detailed in Annex II, which is an integral part of this Decree. The amounts indicated shall be paid irrespective of the obligation of PETROLERAS to comply with the provisions of the previous Article.
Art. 10.-In view of the SUPERFICIARIO ' s refusal to make use of surface or groundwater by means of the oil activity, PETROLERAS shall request the competent authority (provincial and national), and the application of the Laws No. 17.319 and No. 21.778 the corresponding servitude, the value indicated in the previous Article being sufficient as a compensable limit for water.
Art. 11. - The UNITY OF SUPERFICIE in SECANO LANDS is established in VEINTICINCO KILOMETROS CUADRADOS (25 Km2).
For the purposes of compensation, SUPERFICIARIOS and PETROLERAS will freely agree to the division of the properties on plots of that extension.
Art. 12.-The division in SUPERFICIE UNITIES shall be carried out only for the purposes of calculating the compensatory amounts determined by this Decree, which may or may not coincide with the actual division or potential of the premises.
Art. 13.-In cases where PETROLERAS occupy a property to carry out the activities referred to in Article 1 of this Decree, in the determination of SUPERFICIE UNITIES, the affected area must be taken into account, as far as possible.
Art. 14. -Where a single SUPERFICIE UNIT is occupied by more than one permissionary and/or concessionaire of exploitation and/or transport, the compensation set out here shall be paid for each permit or concession independently by each of the companies that perform the occupation, even if they overlap.
Art. 15.-For each UNITY OF SUPERFICIE or fraction of SECANO LANDS in which the activities described in Article 1 of this Decree are carried out, the basic monthly sums detailed in Annex I, which is an integral part of this Decree, shall be paid for control and surveillance expenses. Such sums shall be paid for each permit or concession, without prejudice to the additional amounts set out in this rule by other concepts.
Art. 16.-When a SUPERFICIE UNITY performs seismographic relay, it will be compensated for one time, for loss of profits and emerging damages inherent to such activity, depending on the area concerned, with the values per kilometer or fraction of the seismic line extension detailed in Annex II that is an integral part of this Decree.
Art. 17.-The occupation of a property with the facilities necessary for the development of the activities of exploration, exploitation and initial transportation of hydrocarbons will generate monthly compensation, for loss of profits and emerging damage inherent to such activities, which will vary according to the amount of wells. that are carried out by each UNITY OF SUPERFICIE or smaller fraction, and by the area in which it is carried out, in accordance with the respective scales of the Annexes III, IV and V that form an integral part of this Decree.
Take part in the initial transportation of hydrocarbons to which it takes place between the well and the general beach of tanks or compressor or gas treatment plant.
Art. 18.-The compensation provided for in the scales of the previous Article includes the following works and facilities necessary for the development of the activities:
(a) Well court, mud pool and other facilities that serve only the well, including those for staff assigned to the well.
(b) Roads located within the same SUPERFICIE UNITY that interconnect wells with each other and with the major and/or minor installations.
(c) Oleoducts, gas pipelines, aqueducts, electric and telephone lines within the same SUPERFICIE UNITY aimed at connecting wells with larger and/or smaller installations.
(d) Major facilities, which require between DOS MIL QUINIENTS METROS CUADRADOS (2,500 m2) and DIEZ MIL METROS CUADRADOS (10.000 m2) including: Batteries or satellite stations, liquid or compression pumping plant or gas separation that integrate initial transport systems, camp, material beaches or tanks affected to the service of more than one secondary recovery (1) well and plants
(e) Small facilities, which require up to DOS MIL QUINIENTS METROS CUADRADOS (2. 500 m2), including: oil-loading tanks that serve more than UN ( 1 ) well, oil-provided tanks including those intended for the containment of spills, oil-purgase pools, glycol plants, oil heating boilers and substations.
Art. 19.-Where there are facilities that occupy surfaces greater than those required by the so-called "major installations" referred to in subparagraph (d) of the previous Article shall be called "special installations".
These "special installations" will include the camps and/or works whose construction is intended for the normal development of hydrocarbon exploration, exploitation and transport activities.
"special installations" are considered to be those whose surface exceeds the TEN MIL METROS CUADRADOS ( 10,000 m2) and will generate compensation equivalent to the value of DOS {2) wells, the value of UN ( 1) additional well for each hectare or additional fraction occupied. In all cases, the value of the well No. 1 of each of the respective annexes, according to the area concerned, shall be considered for compensatory purposes.
This compensation shall be paid even if there are oil wells or other facilities in the same SUPERFICIE UNITY and from the day it enters the SUPERFICIE UNITY for the beginning of the work.
Art. 20.Where there are no oil and/or gas wells in a SUPERFICIE UNIT and is occupied by major facilities for the development of the exploration, exploitation and/or transport of hydrocarbons, each such facility will generate for each SUPERFICIE UNITY or smaller fraction to be occupied, compensation equivalent to the value of the well No. 1 of the corresponding area, according to the scales indicated in Annex III, and V established for wells including works under Article 18 (b). (c) and (e) of this Decree.
Art. 21.-Where there are no oil and/or gas wells in a SUPERFICIE UNIT and it is occupied by smaller facilities for the development of the exploration, exploitation and/or transport of hydrocarbons, each of these facilities will generate for each SUPERFICIE UNITY or fraction to be occupied, compensation equivalent to CINCUENTA FOR SCIENTA (50 %) of the value of the well No. 1 of the corresponding area, according to the AN
Art. 22.-When in a SUPERFICIE UNIT simultaneously to the activities carried out by the permissionary, concessionaire or contractors, other companies that do not review such character take advantage of gaseous hydrocarbons, they shall indemnify for their facilities (menors, majors, specials, roads or ducts inherent in their exploitation) the equivalent of the CIEN BY SCIENTO (100 %) of the value set for each of these Articles,
In these cases, the payment of control and surveillance costs under Article 15 of this Decree is not appropriate, when such a concept is paid by the concessionaire company or permission of the area.
Art. 23.-The roads referred to in Article 18 (b) of this Decree, which extend to others UNITIES OF SUPERFICIE not occupied by oil wells or major installations, they will pay for month and per kilometer or fraction of extension the amounts detailed in Annex II that is an integral part of this Decree, according to the area concerned.
Art. 24. - The pipelines, pipelines, aqueducts, telephone and electrical lines or installations similar to that referred to in Article 18 (c) and (d) of this Decree which extend to other UNITIES OF SUPERFICIE not occupied by oil wells and/or gas or major installations, shall pay by month and by kilometer or fraction of extension the sums that, depending on the area concerned, are detailed in Annex II that is an integral part of this Decree.
Art. 25.-The payment provided for in the previous Article does not correspond when the pipelines, pipelines, aqueducts, electric and telephone lines or similar installations run parallels and with a no greater proximity of CINCO METROS (5 m) of the trace of the trunk paths referred to in Article 26 and those referred to in Article 23, both of this Decree.
Art. 26.-The stumbling paths between deposits will pay compensation per month and per kilometer or fraction of the extension the amounts indicated in Annex II, which is an integral part of this Decree, according to the area concerned.
Art. 27.-The maximum width of the trunk paths will be up to VEINTE METROS (20 m) and up to TEN METROS (10 m) that of the roads that interconnect wells, in both cases including benches and drains.
The excess of the maximum widths referred to in the preceding paragraph shall be compensated in accordance with what follows is indicated and governed for all roads constructed from 1 January 1982.
Up to 1 m) of excess the equivalent of the VEINTE per CENTO (20 %) of the value of the well No 1 of the corresponding area, more than one METROS (1 m) and up to TRES METROS (2 m) What exceeds CINCO METROS (5 m) and up to a maximum of TEN METROS (10 m) must be compensated with the equivalent of CINCUENTA CIENTA (150 %) of the value of the well No. 1 of the corresponding area. In the case of overcoming the TEN METROS (10 m) and there is no agreement between the parties, the matter shall be submitted to the consideration of the Authority of Application.
Payments referred to above will be effective per kilometre and per month.
Art. 28. - For gas pipelines, polyducts, pipelines, aqueducts, electrical and telephone lines, inherent in the troncal transport of hydrocarbons, the sums indicated in Annex II as an integral part of this Decree shall be paid by month and by km or fraction, in accordance with the area concerned.
Art. 29.-The payment provided for in the previous Article does not correspond when the pipelines, pipelines. aqueducts, polyducts. electric and telephone lines or similar installations inherent in the troncal transport of hydrocarbons run parallels and with a proximity not greater to CINCO METROS (5 m) of the trace of the trunk paths referred to in Article 26 and those specified in Article 23. both of this Decree.
Art. 30.-The compensation set out in Article 28 of this Decree, for the truncale ducts, shall be paid even if there are oil wells, gasfers, minor installations, major or special facilities or initial transportation of hydrocarbons in the same UNITY OF SUPERFICIE.
Art. 31.-For special facilities that are accessible to the troncal transport systems mentioned in Article 28 of this Decree, compensation equivalent to the value of DOS (2) wells shall be paid. the value of UN (1) more well for each occupied hectare or additional fraction shall be paid.
An amount of compensation equivalent to UN (1) well for each SUPERFICIE UNITY or smaller fraction will be paid for larger facilities that are accessible to the troncal transport systems.
For minor facilities that are accessible to the troncal transport systems, compensation equivalent to CINCUENTA FOR SCIENTA (50 per cent) of the value of UN (1) well for each SUPERFICIE UNITY or smaller fraction that is occupied.
In all cases it shall be considered. for compensatory purposes. the value of the well No. 1 of each of the corresponding areas.
Art. 32.-In the case of facilities other than those provided for in this Decree and the parties make use of the option set out in Article 3 of Decree No. 6803 of 28 October 1968, the Implementing Authority shall set the compensatory amounts in the light of the values set out here for which they most resemble.
Art. 33.-In the event of a dispute over the application of the provisions of this rule, and always in common agreement between the parties, the Advisory Commission established by Decree No. 6803 of 28 October 1968 shall be submitted to the opinion of the Advisory Commission.
Art. 34.-Where the occupation is carried out on cultivated land or damages not provided for in this Decree, the above-mentioned awards shall be paid, without the fact that the affected persons claim the corresponding additional restitution independently and may, to the latter effect, opt for the procedure stipulated in Article 3 of Decree No. 6803 of 28 October 1968.
Art. 35.-The compensation set out in this Decree for control and monitoring costs shall be accrued from the day of entry to the UNITY OF SUPERFICIE for the beginning of the work, until the lifting of the facilities. The compensation set out in this Decree for loss of profits and emerging damages inherent in the activities described in Article 1 of this Decree shall be accrued from the day on which it enters the UNITY OF SUPERFICIE for the beginning of the work, until CINCO (5) years after the installations are lifted, except for those provided for in Article 16 for the seismic relief. that will be paid for once and while the work lasts.
Art. 36.-Payments to be made as a result of the implementation of this Decree must be made effective. for this one time, within the QUINCE (15) days counted from the date of validity of the same. In the future they will be carried out within the CINCO (5) working days following the last day of the month the compensation is due, except convention on the contrary, in the event of a delay an interest equivalent to that applied by the ARGENTINA NATION BANCO in its discount operations.
Art. 37.-For the purposes of compliance with Article 2 of Decree No. 6803 of October 28, 1968, as amended by Decree No. 2117 of October 8, 1990, the price of the dirty wools, fine mother and fine mother shall be used for the calculation of the loss of profit and the emerging damages inherent in the activities described in Article 1 ° of this Decree governing the
Art.38.-Monthly updates to the values referred to in Article 2 of Decree No. 6803 of 28 October 1968, if applicable, shall be made through Joint Resolutions of the SECRETARIATs of ENERGIA and TRANSPORT and AGRICULTURA, PESCA and ALIMENTATION.
Art. 39.-The values set out in this Decree shall be applicable from 1 January 1995.
Art. 40.-Default of Decree No. 2006 dated 23 September 1993.
Art. 41.-Communicate, publish. give to the National Directorate of the Official Register and archvese.-MENEM.-Jorge A. Rodríguez.-Domingo F: Cavallo.
(Note Infoleg: the increments in the emerging compensatory values of the present that have been published in Official Gazette can be consulted by clicking on the link "This rule is complemented or modified by standard X(s)"
