Atlas · Oil and gas
Maximum participation percentage equivalent to the value of oil or natural gas production due to landowners
AnswerThe maximum percentage is 1% of the value of oil or natural gas production, paid to landowners where the explored block is located.
Reviewed on 2026-10-03 · next review 2027-04-03
Data
| Who | Criterion | Maximum Percentage | Source | Data Date |
|---|---|---|---|---|
| Landowners | Location of block on land, rivers, lakes, or lakeside/river islands | 1% of the value of oil or natural gas production | Lei n.º 12.351/2010, art. 43 | 22/12/2010 |
Data consulted on 03/10/2026.
Basis
- Lei n.º 12.351/2010 (Planalto, in Portuguese): Art. 43 establishes that production sharing contracts, when the block is located on land, shall contain a clause determining payment of a participation equivalent to up to 1% of the value of oil or natural gas production to landowners.
How it applies
The participation of up to 1% is due only when the explored block is located on land, rivers, lakes, or lakeside/river islands. The calculation is based on the value of production and distributed in proportion to the production carried out in properties regularly demarcated on the surface of the block. ANP is responsible for calculating this participation.
Limits
- The participation does not apply to blocks located in territorial waters, territorial sea, or exclusive economic zone.
- There is no provision for monetary correction or value updates in the law.
- The participation cannot be included in the calculation of oil cost.
- Art. 44 of Lei 12.351/2010 excludes the application of art. 50 of Lei 9.478/1997 (concession regime) to production sharing contracts.
- Subsequent amendments must be verified in the official source (Planalto) and ANP.
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