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Upstream Oil and Gas in Ghana: Legal Frameworks and Emerging Practice

Upstream Oil and Gas in Ghana: Legal Frameworks and Emerging Practice

Author: Thomas Kojo Stephens
Publisher: Routledge
ISBN: 9781032462684

Published In: October 2024
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781032462677

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Contents

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This book explores the myriad issues that play out in the upstream petroleum industry of Ghana from a legal perspective.

Focusing on Ghana as an emerging petroleum country, Thomas Kojo Stephens begins by examining whether the existing constitutional framework will be effective in governing the expanding oil and gas sector. Drawing on various approaches proffered by other experts in the field, Stephens looks at possible institutional structures that could be put in place and juxtaposes these ideas with the experience of Ghana to test the efficacy of these proposals. He also explores the types of contractual frameworks currently implemented in Ghana for comparison with other emerging petroleum economies, examining the barriers to effectiveness, novel provisions that must be incorporated and lessons learned from other regions. Finally, the book highlights how vital it is for the Ghanaian State to monitor the use of petroleum revenue and make ethical investment decisions that prioritise the interests of Ghanaian citizens.

Upstream Oil and Gas in Ghana will be of great interest to students and scholars of energy law and policy, oil and gas management and African Studies more broadly, as well as those working in the upstream petroleum industry.

Acknowledgments

List of Acronyms and Abbreviations

INTRODUCTION

Overview

PART I: CONSTITUTIONAL, STATUTORY AND ORGANIZATIONAL FRAMEWORKS FOR THE REGULATION OF GHANA’S UPSTREAM PETROLEUM INDUSTRY

Chapter 1 – GHANA’S UPSTREAM PETROLEUM INDUSTRY

1.0 Introduction

1.1 Ghana’s Sedimentary Basins

1.2 Pre-Commercial Discovery

1.3 Post-Commercial Discovery

Chapter 2: CONSTITUTIONAL FRAMEWORK FOR THE REGULATION OF GHANA’S PETROLEUM INDUSTRY

2.0 Introduction

2.1 Natural Resources: Background to Ghana’s Constitutional Framework after Independence (Republican Era)

2.2 The Transpositions to the 1992 Constitution

2.3 The 1992 Constitution

2.4 Conclusion

Chapter 3: STATUTORY FRAMEWORK FOR THE REGULATION OF GHANA’S PETROLEUM INDUSTRY

3.0 Introduction

3.1 Overview of Statutory Framework of Ghana’s Upstream Petroleum Industry

3.2 Ghana’s Statutory Framework for the Petroleum Industry – Pre-Commercial Discovery

3.3 Ghana’s Statutory Framework for the Petroleum Industry – Post-Commercial Discovery

3.4 Evolution of the Current Legislative Framework for the Regulation of Petroleum Operations – Post-Commercial Discovery

3.5 Approach to Development of Legislation for the Regulation of Petroleum Operations

3.6 The Petroleum (Exploration and Production) Bill, 2010

3.7 Major Defect in the Petroleum (Exploration and Production) Bill, 2010

3.8 ‘Death’ of the Petroleum (Exploration and Production) Bill, 2010

3.9 The Petroleum (Exploration and Production) Bill, 2013

3.10 The Petroleum (Exploration and Production) Bill, 2014.

3.11 The Petroleum (Exploration and Production) Bill, 2016

3.12 The Petroleum (Exploration and Production) Act, 2016 (Act 919).

3.13 Conclusion

Chapter 4: ORGANIZATIONAL FRAMEWORK FOR THE REGULATION OF GHANA’S OIL INDUSTRY

4.0 Introduction

4.1 Approaches to Organizational Framework for Regulation

4.2 The Organizational Structure of Ghana’s Upstream Petroleum Industry

4.3 Establishment of the Petroleum Commission

4.4 The Petroleum Commission Act, 2011 (Act 815)

4.5 Ghana National Gas Company

PART II: THE CONTRACTUAL FRAMEWORK FOR THE REGULATION OF GHANA’S UPSTREAM PETROLEUM INDUSTRY

Chapter 5: LICENSING

5.0 Introduction

5.1 Licensing in Ghana Pre-2016

5.2 Some Events that Precipitated a Desire to Move to the Competitive

Bidding System

5.3 Licensing in Ghana Post 2016 - Competitive Bidding

5.4 Conclusion

Chapter 6: THE CONTRACTUAL FRAMEWORK UNDER GHANA’S MODEL

PETROLEUM AGREEMENT, 2000

6.0 Introduction

6.1 The Model Petroleum Agreement

6.2 Petroleum Costs

6.3 Conclusion

PART III: PETROLEUM REVENUE MANAGEMENT FRAMEWORK, DEVELOPMENTS, AND EVOLVING MATTERS IN THE INDUSTRY

Chapter 7: PETROLEUM REVENUE MANAGEMENT IN GHANA

7.0 Overview

7.1 Sources of Petroleum Revenue

7.2 The Petroleum Holding Fund

7.3 Earmarked Locations for Distribution of Funds

7.4 Summary of the Disbursement of the Revenue as Prescribed by the PRMA

7.5 Petroleum Wealth Fund

7.6 Institutions under the Framework of the PRMA

7.7 Challenges with Petroleum Revenue Management in Ghana

7.8 Conclusion　

Chapter 8: EVOLVING MATTERS AND CONCLUDING OVERVIEW

8.0 Introduction

8.1 The Energy Transition: Global Developments and the Impact on Ghana

8.2 Proposed Efforts to Counteract Adverse Impact of Global Developments arising from the Energy Transition

Index

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