[in mrtnimitol State Can No Do?- No Reviewer I I REVI?EWZU?o?Tit?dolpnt?is?n?r, sens: pipeline and infrastructure projects related to troleurn and natural gas sector, etc." Country Subsoil Land Rights new Regulator Win" New ll Baal-tb- . I i i IMineral resources. waters and iother natural resources are January 27. 20") China owned by the state with the established the National Energy China has a serious image of exception of such resources Commission. It is seen as a water and thme in it ithat are owned by collectives. signal that China is ready to does have are unpredictable. Land in China is not privately begin thinking seriously about major changes in weather can owned but leased from the its energy policy and energy cut off supplies. They are China state and thus the gOVemment security. Many people believe laying to improve inhumane has incredible sway over its that this move will help bring 'for recycling water supplies development. Land laws are order to their chaotic market and are beginning to enforce very ambiguous. Only land (currently ruled by SinoPec and higher penalties for improper I that is state owned and zoned PetioChina) however many are use of water as well as for construction use and skeptical at the ability to [increasing the price ofwaaer. industrial use may legally be ?ght entrenched interests used for industrial investment .. . .A. i RELEASE The Petroleum and Natural Gas Regulatory Board was established in 2006 to: "To 'zgifsccumerst the nit hm IAll lands, minerals and other trade and competition amongst ?elusive ma . . .. . .. waterlaw. Accordingtothe things of value, whether under the entities; register entities toConstitution. jurisdiction over the ocean and boundary waters lay down the technical . . . . . . . . water rests With indmdual . or Within the con?nes of the standards and specr?cations . India . . . states. Various Acts state that State, proper, which are by including safety standards in . . . . . the govemment has absolute nature meant for public use relating to petroleum, . control over surface water. and enjoymeng are held by the petroleum products and natural . . . . . . Groundwater. similar to all 'State in public trust. gas, including the I . . natural resources are held by the construction and operation of . . I State in public trust. Maths it! 'm Peder-3 ?ti-'9 999 .. ft'htna'ISIeb-puhue ;(2010i'imnunnul Emmi-?aps? ehhthemdnl?mi?a ?Mudmeqdak {madman-w Nominate.? mantis-sauna cosmic-e. Imminent-attains? di?hulbeeune?emehle mmnumu ?lndiathaninNonhAmm?ea Immune-ma Writt?the tesnietitiattiemdle UNCLASSIFIED US. Department of State Case No. F-2013-12488 Doc No. Dm.m15 mhm? . similartothdintheus Hate; oostot?Mtbep-nybeg I a - UNCLASSIFIED us. Department of State Case No, Doc No. 005479708 Date: 06/26/2015 - .7 ma.? . .The state owns all underground I 1 water and one must obtain a . licenSe to use or extract it. The gA? . min Minister of Water and Irrigation] 3' 3 minerals ex?he borders of Jam mam wril determine the maximum . amount of water extraction .found on the surface, Ministry of Energy and Mineral . allowed on each permrt. imidergmund Resources, over the last 5 years . 1. Shel 0.x I . territorial Was, mm (apmx) has pushed for an Desahna ion water accounts or 1 eve opment however Jordan tor less than l% of the Jordanian no shale gas at this point, and internal seas, shall be increase renewable energy . . . i .d?cd sum domain and more environmentally Supply however by the end of estimated to have high potential. 1. . . 2010 the city of Aqba will begin 1 5Thus, one must obtain sound technologies. . . .ssion from the Sm: generating the country ?rst Ermalmnum Mm mas desalination plant. There was a i recent increase in water prices 1 to prevent waste and overcome the $1.5 billion de?cit in the I state budget ?The Moroccan govemment lowns all subsoil mineral ?rights. However: The Petroleum Code is another mm . The Ministry of Energy and support To ml Mines has control over the lgwlotnon ?rm:me assessment of the geology and There is a water tariff system in .Mm trim? Under the terms'resources of Morocco. Morocco: Preferential use 7 i Similarly, it is in charge of includes Industry, where water ,of the Petroleum Codethat d. var ensuring the proper functioning 15 charged at a smgle pnce comm cs .500 of the gas, oil and electrical ienergy reserves in Morocco sectors only required to pay 'franchise duties of 5 percent land 10 percent, respectively, ,on the production of natural lgas and oil. UNCLASSIFIED US. Department of State Case No. F-2013-12488 DocNo. 005479708 Date: 06/26/2015 1L/ct U5 Deaartmen?Ofstale Case No Doc No. 005479708 Date, 060012015 - 5 'In Poland there are charges for fl?Gl?tliG, committed to spending . - -. Poland. the mineral deposm that d0 comm": The Energy Regumor Office Industrial Water Abstraction lt .S31m on shale gas exploration 'Emmulf and Its based on volumetric P1161118 - this Year. . the more you use, the more you >Poland has 3 wells set to be Tmmy? Rowen? lfa comm] mm. ?whalith for are charged. Abstractions for drilled in 20l0 to test its few-?Paw we.? to ?plow a fuels? dam and public use are 6-47 times lower unconventional potential. EPoland ipamcular mineral resource publish rates and pnces than those for indu . I use and However, challenging I . :md ?bifule Indira :cw' c? 3:8 0f the government applies 'extra' formations are mom'ng the 'Ippropn umen pollution charges to recover area of CXplOTahon and time i my the the Operations Of gas costs from industrial waste. making shale gas exploration in ?the for us and power to name a Fines for non-compliance are Poland more expensive that in own bene?t, priority over few. 'im ?d the other partiesThe Electricity Control Board: some main objectives are: to No person shall: carry on any oversee the efficient functioning Namwam supplies mm in reconnaissance operations, gand development of the . . the prospecting operations or electricity industry and security ygegadgc?o?i GO Taxation in Namibia has been i mining operations in, on or of electricity provision, to resented the Might? of reformed in ways to make Numb. iunder any land in Namibia, ensure a competitive 2p .culm glam and business easier to conduct The [except under and in environment in the electricity Ff? blames are bill will provide the protection Eaccordance with a non- industry with such restrictions "auocatej? a careful] mom I of industrial property. [Unsure exclusive prospecting license, as may be necessary for the ?on, and a a the tariff of the status of this bill] a mining claim or a mineral security of electricity supply; Elf the use :1ng license, as the case may be. and to promote private sector investment in the electricity industry. 1 UNCLASSIFIED US. Department of State Case No. F-2013-12488 Doc No. C05479708 Date: 062672015 3/6; - UNCLASSIFIED us Department of State Case No. DocNo. 005479708 Date. 06061203? Pakistan Unable to ?nd explicit information on this. Various laws and statutes reference the "owner of the mine" however they make no mention of the There is a National Electric Power Regulatory Authority and they have control over the regulation of generation, transmission and distribution of gelectric power. However, I The Water and Power Deve10pment Authority determines how much water is needed during any given season and has control over access. I deny. 4. Chile . . . 'could not necessarily ?nd There are water charges and sumo? or mmcral ?ghts' anything pertaining generally to drainage taxes energy. In the Mining Code it states: The state has absolute, exclusive domain over all Chile's energy sector is privatized but it does have government oversight. The National Energy Commission (CNE) advises the Minister of mines, including metal bearing Economy on electricity policy sands, salt mines, coal and hydrocarbon deposits and the and for setting distribution charges. The Energy other fossil substances, despite Superintendence (SEC) the ownership held by individuals or body corporate over the land in which the above should be contained. supervises compliance with laws, regulations and technical standards for generation, production, storage, transportation and distribution of liquid fuels, gas and electricity. "The owner of record of a mining concession is entitled to use waters found in the works within the limits of the concession, to the degree said waters are required for exploratory work, exploitation and processing. These rights are inseparable from the mining concession. The use of other waters required for exploratory work or the processing of mineral substances shall be governed by the provisions in the Water Code and other applicable laws." The water in Chile has been privatized and the rights belong to the highest bidder. Thus, thirsty industries that previously bogged water by lobbying for it, have economized their usage because they have to pay the market price. UNCLASSIFIED US. Department of State Case No. Doc No. C05479708 Date: 0612612015 4/4 _~Uh?t?g6??so 5 No 52013-12488 DOCNO C05479708 W15 I i 7 1h: huh-1W nature! mama an Ihr exclusive _pmp??y of Stat: of ?ilutgnm. An mhwdunl or I I, 'All was Wei Bulgaria are state property. Permits for water ?mxlimion shall be Issued by the National Water: Council and an; Towers 'are interested exploring for Enigma. The ministry 325d it . . would open tenders for . tummy rs requued to have a ?Wm ?mm, IForenry Board. When {exploration in a moruh (fall '10) {imam puma to explore or pmrpeci Em? my industrial facilities are built, the was preparing documents $0 while the of causation m? imam shall intrormoe wpen speci?c tender: for the i be earned out by grunting technologies with the lowest 1mm ofthe sites. ?leiem-I. mum of reclaimed mm a 25 billion cubic m. m. 7 'exblomiom my I, i iinveuiptiom require a permit I {and the permit holder has the . . f2 'mm to "ukc from the emh's ?11? . . . Common of Estoman A perran 1: required for the ?w??wa :M?mml Raourcerirndvizing ppecialmeofwnerinehlding . mtm??'wm 'theMinistry ofthe Environment ?ueextrmiono?mmof 'Estmiaisoneofthefcw hm? Jemima? .omhc inner ofthe exploration pound waterina24h'pcriod, which is mduneofmeemh'rcmn, discharge ofpollmedw soielytoland,and damning their 3 keeping record: of minenl 301' ?re ahermou of the are not taxed. [cl Mine?! apraroval, ior brolopcal of belong to the sum queh?enuon, wrumg-off and . "d me . ?blc pmteetron of numeral reserves. I :ownership of other persons 1 1 (imam! ?mum. .. - 1 UNCLASSIFIED U.S. Departmentof State Cate N04 F-2013-12488 Doc No. 005479708 Date: W015 574 UNCLASSIFIED DepartmentotState Case No. F-2013-12488 DocNo. 005479708 Date 06/26/2015 . . - i The DemCm ?Nam?! regulation of groundwater i and Human is promoted by of i Environment (Samaria dc nestles between provmces. The YPF, a unit of Spanish oil . . . . Recursos Naturales Ambiente mam ?Frms or wum), If?:pr It I ngneml rights in Argentina Humane) and the of groundwater consists of was investing $10 million in the {are separate from surface determining to whom these drilling of the ?rst shale-gas {Argentinl ownership and are owned by [may waters belong. Although the Ewell in Argentina. The drilling the federal government but are dc Emma Mining Code does not expressly 'work began Aug 3 2010 in . . . are the federal . . . . administered by the provmces. mam bodies responsible say so, lt ls inferred that the Lorna La Leta, which is the fo? the city sector. regulating concessionaire who discovers country?s largest gas deposit. environmental compliance by and draws water wuhm ms industry operators. lind? makes ms own by right of occupation and labor. . -. -1 The water law states that i pennits are required if water use In Indonesia, the land, the the (301 plans to open shale- i and u" ?l?mn?l Multiple Agencies regulate granted to individuals or has? mm?? f?r 'lndonesia contained them? Shh" be energy but each law seems to be corporations via pemtit; through?onmonml flacmng' I controlled by the State and ?exible in Rs interpretation licenses are highly restrictive Indonesra has potentlal shale? explorted to the greatest . based gas reserves of up to 1,000 bene?t ofthe people t? trillion cubic feet I pennitted?they are not broad volumetric commercial abstraction licenses. 6/5! UNCLASSIFIED US. Department of State Case No. Doc No. 005479708 Date: 06/26/2015 UNCLASSIFIED S. De artment of State Case No Doc No. (205479708 Date 06/280015 The land, its minerals, atmosphere, water, and other lnatural resources which are within the tem'tory of Ukraine, are the property of the Ukrainian nation. Special permits for subsurface use are Ministry for Ecology and Natural Resources; special permits must be granted for: - geological survey of oil and gas natural resources, including exploration and industrial development of deposits; Um?: granted to oil and gas - extraction of oil and gas companies. Foreign legal (industrial development); and entities and individuals are - construction and exploitation expressly permitted to obtain of underground facilities subsurface-use rights, and are unrelated to oil and gas thus free to apply for a extraction. respective permit. 2 The National Agency for The mineral resources located Mineral Resources establishes on the territory and in the the clauses and the terms of the Romania subsoil of the country are the permits and licenses, to grant exclusive object of public property and they belong to the Romanian State. and issue licenses/permits, regulates the mining activities by means of norms and technical instructions I. - r. . ilhe Water utility cempanics are imostly owned by the iMunicipalities. There are no {formal contracts between municipalities and utility companies, although there have been efforts made to remedy that. The State Committee for Water Savings of Ukraine is responsible for the "development of proposals on state policy formation in the sphere of water industry development." The titleholder of the :license/permit has the right to use, according to the legal provision in the ?eld of water management and enviromnental protection, sources of surface and underground waters as necessary to conduct the mining activities. It is forbidden to reduce drinking water use for the bene?t of other activities. . (2010) Some US. companies took interest in production of Icoal~bed methane and shale gas Ein Ukraine. "Ukraine plans to sign contracts with U.S. companies on alternative gas production on its territory by the end of this year, Ukraine's fuel and energy minister said.? German research center, claims that Romania, among others, has "received overtures from US. energy companies." "Peter Mellbye, Statoil's executive vice president for international upstream (has)named Ukraine, Poland and Romania as potential areas where his company develop unconventional gas resources." U.S. Department of State Case No. Doc No. C05479708 Date: 06/26/2015 1/ . UNCLASSIFEED Depa?tmenlofState CaseNo F-2013-12488 DocNo 005479703 Date: 0626-2015 Hydrocarbons are the property . i i 'of the government and it I: 3 PERL Fm? . Tmo mic National wine: Authority is! . . Iof ownership owr the in: Mini ME and ins .blc {m the dcsi and coming years, Peru likely Hydrocarbons extracted become a net exporter ofnatural . . . Mines IS the one charged With implementation of sustainable . . that it Will be able to enter mum .n a vi in inter mom licks and gas as the Camisea preject fexploration and explotation gm pm ng? pmpos . p0 comes fully on-stream. The plan [and applying the government Iurigation nationally. There are . . 5 WOW - . . dargets public and private . . ipolicy as well as enacting the no fees for groundwater but . . ?Ems over me mud lremainin 'nent 'delines [there is a fee for surface waters minimum by convening :Hydrocarbonswillbe gm gm .whjh. m" vehiclestonmonnann'algas. QuansfenedtotheLicensees use am y' iwhen the Licensing Contracts I I are entered into. I i National Energy Regulator . The central government is the Is a mgulam trustee of the water resources gauthority whose mandate is to the ?ghts to water are regul 'ped- . Saso ocal ene pro 'd iSouth Africa?s mineral and I at: the Pl divorced from land ownership. 10 rgy a) trol lin . si 3 coo ratiOn it with South Africa Wm?? mm? N313: Enlisted 905" 5 ya? . C?peak iide Statoimxplore in? ?an? and a? '5 a? ?10 tivel take necessary and mmland for shale i fcustodian y. . every 5 years as well as charges I 4 regulatory actions in i . . gas. Could be a game changer f. anticipation of and in response in fee for discharging or i i to the changing circumstances 'co?umms 3 water ?1th in the energy industry. Po 1111: right of ownership of Sm' u. lentrails of the with, as well State Price Regulation on ias nationally signi?cant Commission of Energy A very preliminary evaluation ernal rmparks, urcespreparesthemethods showsthatthe eolo ical i arida ?30 cal lat? p?m' and also is invowed in structure in Softheas?em tLithuama' i . St my .pncc cu. lon? licensing of the operation archaeological and cultural .mspects price calculations . . Lithuania IS very Similar public water suppliers and . :facdmes shall exciuswely by energy specralists su ism how We, su 1v ;one In Poland that stretches up 3 :belong to the Republic of and submits its conclusions to ?t?iter cmgt- :io Southeast Lithuania. 2 Lithuania the Government . . i i prices are applied. 311 US Department of State Case No. F-2013-12488 Doc No. COS-479708 Date: 06/26/2015 I us, Department of State Case No Doc No. C05479708 Date 0606/2015? Armenia of underground utilization rights granted to state state participation for extraction of mineral Privatization does not include the utilization of underground resources, except the provision companies or companies with The Energy Regulatory Commission has the power to regulat tariffs for electrical and thermal energy and natural gas, transmission, distribution in the energy sector, and issue Licenses for operations in the energy sector. National Water Council is the highest authority pertaining to water rights; under it is the Water Resource Management and Protection Body which has the authority to issue water permits. Transliuro Energy Corp. has a stake in two wells in the 20ktemberian Region where they lwere assessing the possibility of using "Hydraulic Fracturing (to) achieve Commercial gas rates from both wells." Legislation on land, subsoil and natural resources shall fall National Energy Supply and Water Regulatory Commission: Ensure, establishment of water supply, electricity and natural gas markets and tariff systems, transmission, dispatch, Water resources are property of state, which gives licenses for water use. Presently, full scale monitoring is impossible due to lack of ?nancing. Monitoring of wastes is mun? the admin?: distribution, export, import and performed by Monitoring competence of higher state . - - bodies of Georgia consumption costs, as well as Center and its regional. costs of natural gas laboratones. is done transportation, distribution, for suspended import, export, supply and matters, ammonium, oil consumption products, heavy metals ions, etc. Azerbaijan Have Not Con?rmed Yet -s Mexico Have Not Confirmed Yet Albania Have Not Con?rmed Yet UNCLASSIFIED US. Department of State Case No. Doc No. 005479708 Date: 0612612015 ?Vtr