The inherent inefficiency of wheel reinvention for each drilling company led in 1956 to the development of the first American Association of Professional Lands (AAPL) Form 610 Model Form Operating Agreement (AAPL Form 610-1956). Revised forms followed in 1977, 1982 and 1989. AAPL forms have become the norm in the United States and will be at the center of this chapter. The AAPL has begun the revision of Form AAPL 610-1989 Business Agreement Model (AAPL Form 610-1989) 19 and, in the coming years, it is likely that all industry professionals will discuss what the drafting board is proposing or what the editorial board should do. This chapter addresses some of the issues that often arise with enterprise agreements and proposes to the drafting committee a number of changes that they might consider. In particular, this chapter will focus on what we can learn from others. and has made some of the provisions of the International Petroleum Negotiaters Association (AIPN) 2012 Model International JOA (AIPN 2012 JOA), the Canadian Association of Petroleum Countries (CAPL) 1 2007 Operating Procedure (CAPL 2007 Operating Procedure), the Australian Mining and Petroleum Law Association (AMPLA) Model Petroleum Petroleum Operating Joint Operating Agreement (AMPLA 2011 JOA). , the United Kingdom Offshore Operators Association (UKOOA) Model Form JOA (UKOOA 2009 JOA) and model forms from the Rocky Mountain Mineral Law Foundation. This chapter also examines AAPL`s recent offshore projects, which the AAPL editorial board could consider to address the recurring issues under discussion.
For reasons of time and space, operator-related issues – in particular operator responsibility and operator distance – will be at the centre of concerns. Before 1956, there was no real modeling agreement. The parties to joint transactions had to enter into their own agreements to regulate the way an oil property was managed, which must have caused confusion and, in many cases, legal action. It was found that a standardized form was necessary and that the 1956 modelling agreement was born. It was not until 1977 that the form was significantly revised. Although the 1977 JOA was subject to significant revisions, a new revision took place in 1982 and remains widespread throughout the sector. The last revision of the agreement was carried out in 1989, notably to include better bankruptcy protection (consequence of bankruptcy in the 1980s) and a strengthening of the operator`s language (“good thing” as opposed to “serious negligence”). It is rumoured that the AAPL is currently working on a new overhaul to better cope with the current horizontal drilling boom. Keep an eye here, or at the AAPL for news of its publication. All AAPL and non-subscription subscriptions are available to subscribers through Contract Center. The AAPL offers models often used by land professionals who practice agricultural work. Some forms are available for download, others require an annual subscription to the AAPL contract centre.