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