On September 10, 2012, China's Ministry of Land and
Resources ("MOLAR") announced on its official web site
that it is now inviting tenders for its second shale gas bidding
round. The bid will be open from September 10 to 14, 2012, and a
deadline for tender submissions has been set for the morning of
October 25, 2012. The auction closely follows, beginning at 9:30
a.m. on the same day.
This second bidding round has been much anticipated by the
industry since the first bidding round last summer. This time, 20
blocks are put out for the auction. The new areas being offered
cover a total area of 20,002 square kilometers, spanning eight
provinces including Guizhou (five blocks), Chongqing (three
blocks), Hunan (five blocks), Hubei (two blocks), Henan (two
blocks), Anhui (one block), Jiangxi (one block), and Zhejiang (one
block). Among these blocks, 11 blocks are larger than 1,000 square
kilometers. Hefeng Shale Gas Block in Hubei is the largest block,
covering an area of about 2,306 square kilometers.
Similar to the previous bid round, each bidder is required to have
a registered capital of more than 300 million RMB and must possess
oil and gas exploration qualifications or partner with an entity
with such qualifications. The bidder must be an independent Chinese
legal entity. And, "no consortium is allowed to bid for the
projects," stated the announcement.
What is different from the first bidding round is that both pure
domestic enterprises and Chinese-controlled foreign joint ventures
have been invited to participate. Previously, only state-owned
domestic enterprises—such as CNPC, Sinopec, and Henan
CBM—were invited to bid for the projects. The recent
inclusion of foreign joint ventures signals that privately owned
foreign-invested enterprises may participate in the bidding if they
meet other qualification requirements. Every bidder is allowed to
bid for a maximum of two blocks.
The announcement states that the bidding process will begin with a
preliminary review, followed by a detailed review at a later stage.
Again, the criteria to select a winner is not published. Based on
the bid of the winners in the last round, bidders who promised to
drill the most wells with the largest capital investment were
selected. Each of the two winners in the last round entered into a
Transfer Agreement of Shale Gas Exploration Permit with the MOLAR
("Transfer Agreement"). The content of such Transfer
Agreement was not released to the public. However, in accordance
with PRC regulations, an exploration permit is valid for three
years and may be extended under certain circumstances. Presumably,
these bid winners will have the right to further explore and
develop the projects if a shale gas discovery is made during the
term of the exploration permit.
Although the announcement on September 10 is silent as to what
will happen once the bid winners have been selected, it is likely
that the second round will follow the same procedures as the first
round, and each winner will also be entitled to enter into a
Transfer Agreement with the Government.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
We have set out some examples of how the MERCP Act impacts resource exploration and production, and what you need to do.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).