The norm, in detail
Neuquén collects an easement on its own land, using the federal schedule
Resolución 0012/21 of the Secretaría de Desarrollo Territorial y Ambiente
in forcePROVINCIAL
Energy and natural resources
What changed and who it applies to
What changed
When the field being drilled belongs to the provincial State itself, the one collecting the easement is the Province, and this resolution is the procedure it uses to calculate it. Its purpose says so plainly: the methodology «para el cobro de servidumbres sobre inmuebles pertenecientes al fisco provincial» — for collecting easements on properties belonging to the provincial treasury — with the Secretaría de Desarrollo Territorial y Ambiente as the enforcement authority and the money going to the Fondo para la Conservación y Recuperación del Medio Ambiente Natural of Ley provincial 2183, not to a private party. Neuquén does not set the price: section 4.2 refers to the schedule of federal Decreto 861/96 «conjuntamente con las normas que actualizan los montos indemnizatorios» issued by the federal Energy and Agriculture secretariats, without naming a single one. The unit of calculation is the federal one: 25 km², converted into hectares. And four items are settled: surveillance and control costs; seismic surveying per kilometre of line and as a one-off; wells under Annex III — with a rule of its own for dense developments: if there are more than one hundred wells on the same unit of surface, the unit value is calculated per hundred and multiplied by the excess —; and facilities, in three tiers: minor up to 2,500 m², major between 2,500 and 10,000 m² (batteries, pumping, compression or separation plants, camps, tank yards, secondary recovery) and special, above 10,000 m², paid as two wells plus one well per additional hectare occupied, always taking the value of well No. 1 of the zone. To identify which land is public, the Catastro database is used and, if needed, a title report from the Registro de la Propiedad Inmueble. verif · Jan 8, 2021 ↗
In force
Issued on 08-Jan-2021, with an order to publish it in the provincial Boletín Oficial (article 5). verif · Jan 8, 2021 ↗
Are you in or out?
The permit holders and concessionaires of hydrocarbon areas in Neuquén whose areas include land owned by the provincial treasury: they are the obliged parties for whom the secretariat opens a file, settles the amount and serves notice. And the Province itself, which collects: the payment goes to the Fondo para la Conservación y Recuperación del Medio Ambiente Natural of Ley 2183, with notice to the Dirección Provincial de Ingresos Energéticos. ⚠️ It does not reach easements over private fields: those are agreed between the operator and the landowner under the same federal schedule, but outside this procedure. verif · Jan 8, 2021 ↗
The norm
Resolución 0012/21 of the Secretaría de Desarrollo Territorial y Ambiente of Neuquén, issued on 08-Jan-2021 and signed by Jorge Antonio Lara. It voids Resolución 313/20 of the same secretariat (article 1) and approves, as Annex I, the procedure for calculating, settling and collecting the compensation amounts of articles 7, 8 and 9 of Ley provincial 2183, plus the administrative circuit as Annex II. It rests on Ley provincial 2183 and on its implementing decree, Decreto 353/98, as amended by Decreto 138/20. verif · Jan 8, 2021 ↗
Our reading
For a shale development, what matters in this norm are two rules of scale. Density has a cap: above one hundred wells on the same 25 km² unit the value stops adding up well by well and is calculated per hundred, so the cost per well of a heavily drilled block goes down. And the camp costs as much as wells: any facility above 10,000 m² — a service base, a construction camp, a materials yard — is compensated as two wells plus one well per additional hectare, which is the arithmetic a construction contractor should do before choosing where to set up its base. thesis That the money goes to a provincial environmental fund and not to a private party makes this payment look more like an earmarked tax than a private negotiation, and that makes it predictable: it is not negotiated, it is settled. thesis
Where it lands, province by province1
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