Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.

4. Results: Answers
Oil & Gas
4.
Surface rights
4.1
Does the law of your jurisdiction distinguish between exploration and production rights and surface rights? If so, how does an owner of exploration and production rights acquire surface rights?
Tunisia

Answer ... According to Article 84 of the Hydrocarbons Code, the titleholder is entitled to occupy the lands necessary to perform the exploration/production works.

The occupation of private lands is possible only:

  • with the written authorisation of the landowner; and
  • in consideration of payment of an occupation indemnity in favour of the landowner.

For more information about this answer please contact: Samir Abdelly from Abdelly & Associates
4.2
Where surface rights are acquired, what are the operator’s rights and obligations as regards the landowner? And what are the landowner’s rights and obligations as regards the operator?
Tunisia

Answer ... Wells cannot be drilled less than 50 metres from any house or enclosure, except where authorised by the landowner.

If the exploration or production activities require the permanent occupation of land, the state can proceed with expropriation in accordance with the applicable laws and grant the occupation to the titleholder.

For more information about this answer please contact: Samir Abdelly from Abdelly & Associates
4.3
Is there a process for the mandatory acquisition of surface rights? If so, what does this involve?
Tunisia

Answer ... If the occupation of the land prevents the landowner from accessing its land for more than three years, the landowner can force the titleholder to purchase the land. The purchase price cannot be less than twice the market value of the land at the date of its occupation. If the parties cannot reach agreement, the price will be set by the court. The occupation cannot start until the price has been paid or deposited with the General Treasury.

For more information about this answer please contact: Samir Abdelly from Abdelly & Associates
4.4
Are any native title issues applicable?
Tunisia

Answer ... There are no native or tribe title issues in Tunisia.

For more information about this answer please contact: Samir Abdelly from Abdelly & Associates
4.5
Are any other rights needed to use the land (eg, zoning permissions or planning requirements)?
Tunisia

Answer ... No, except the requirement for the applicant to submit an environmental impact study together with its application for a hydrocarbon title (see question 1.4).

For more information about this answer please contact: Samir Abdelly from Abdelly & Associates
Contributors
Topic
Oil & Gas