ABSTRACT

Regulations governing the grant of licences had been promulgated in 1935 under the authority of the 1934 Act, with Model Licence Clauses annexed,16 and these were now substantially repeated for offshore licences. The most relevant clause in the light of present concerns stated: The Licensee shall comply with any instructions from time to time given by the Minister in writing for securing the health, safety and welfare of persons employed in or about the licensed area. The net effect of the centrality of the licence was that much was left to contracts between different parties in the industry, including contracts for the development of equipment and technology, for the supply of services and of employment. The goal-setting approach of the new regime has allowed the industry to emphasise self-regulation and thus to argue against all forms of regulatory intervention which can be characterised as introducing any element of rigidity or prescription.