The Energy and Water Utilities Regulatory Authority (Fees and Levies Collection Procedure) Rules, 2021
Section 3 is titled “Interpretation” and appears under Part II, “Fees Collection Procedure.”
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Section 3 is titled “Interpretation” and appears under Part II, “Fees Collection Procedure.” This section is titled “Obligation to pay fee” and appears in Part III on levy collection procedure in regulated sectors other than the petroleum sector. This section concerns the procedure for collecting levies in the electricity, natural gas, water, and sanitation sectors. This section is labeled “Exemption” in the levy collection procedure for the petroleum sector. This section is titled as the levy collection procedure for the petroleum sector.
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Provisions of The Energy and Water Utilities Regulatory Authority (Fees and Levies Collection Procedure) Rules, 2021
Showing 21 of 21
- 3 Verify source ↗
Interpretation
AI-assisted research summary: Section 3 is titled “Interpretation” and appears under Part II, “Fees Collection Procedure.”
3. Interpretation. PART II FEES COLLECTION PROCEDURE
Part
PART II
- 4 Verify source ↗
Obligation to pay fee
AI-assisted research summary: This section is titled “Obligation to pay fee” and appears in Part III on levy collection procedure in regulated sectors other than the petroleum sector.
4. Obligation to pay fee. PART III LEVY COLLECTION PROCEDURE IN REGULATED SECTORS OTHER THAN THE PETROLEUM SECTOR - 4 Verify source ↗
(1) Any person who
AI-assisted research summary: People who supply or conduct a regulated offer service, or who are entitled to receive a service from the Authority, must pay the fees set by the Authority.
4.–(1) Any person who- (a) to supply or conduct a regulated offer service; or is entitled to receive any service from the Authority, (b) shall pay the fees as prescribed by the Authority from time to time. 4 Cap. 285 Obligation to pay fee Energy and Water Utilities Regulatory Authority (Fees and Levies Collection Procedure)GN. NO. (Contd.) GN. NO. 420 (Contd.) (2) Failure or refusal to pay a fee prescribed in subrule (1), may lead to denial of regulatory services by the Authority, suspension or cancellation of a licence pursuant to the rules prescribed by the Authority. PART III LEVY COLLECTION PROCEDURE IN REGULATED SECTORS OTHER THAN THE PETROLEUM SECTOR Levy collection in electricity, natural gas and water and sanitation sectors
Part
PART III
- 5 Verify source ↗
Levy collection procedure in electricity, natural gas and water
AI-assisted research summary: This section concerns the procedure for collecting levies in the electricity, natural gas, water, and sanitation sectors.
5. Levy collection procedure in electricity, natural gas and water and sanitation sectors. - 7 Verify source ↗
Exemption
AI-assisted research summary: This section is labeled “Exemption” in the levy collection procedure for the petroleum sector.
7. Exemption. 1 Energy and Water Utilities Regulatory Authority (Fees and Levies Collection Procedure)GN. NO. (Contd.) GN. NO. 420 (Contd.) PART IV LEVY COLLECTION PROCEDURE IN THE PETROLEUM SECTOR - 5 Verify source ↗
(1) All regulated suppliers in the electricity,
AI-assisted research summary: Regulated suppliers in the electricity, natural gas, and water and sanitation sectors must pay an annual levy of 1% of gross operating revenues to the Authority.
5.–(1) All regulated suppliers in the electricity, natural gas and water and sanitation sectors shall pay to the Authority the annual levy of one percent of their gross operating revenues. (2) Notwithstanding the provisions of subrule (1), the levy shall be collected from- Reconcilia- tion of accounts (a) the off-taker, in the electricity sector and where there is an arrangement of a power sale between an off-taker and IPP; and (b) the purchaser, in the water sector and where there is an arrangement of bulk purchase. (3) The payment of levy prescribed under subrule (1) shall be made not later than thirty days after receipt of a demand note. (4) The levy to be collected under subrule (1) shall only be computed in respect of revenues derived from a regulated good or service and shall not include revenues from other sources. - 6 Verify source ↗
(1) If a regulated supplier has not yet determined
AI-assisted research summary: A regulated supplier must estimate quarterly turnover if it has not yet been determined, file a reconciliation statement after receiving audited accounts, and pay any underpayment within 30 days; the Authority must credit any overpayment to the next quarter.
6.–(1) If a regulated supplier has not yet determined the turnover for the most recently completed quarter, it shall make a reasonable estimate of the quarterly turnover for calculation and payment of levies, subject to reconciliation upon submission of the annual audited accounts. (2) A regulated supplier shall file a reconciliation statement based on the audited account not later than thirty days after receipt of the same. (3) Any under payment of annual levy made evident as a result of filing of the reconciliation statement by the regulated supplier shall be paid to the Authority not later than thirty days after the filing of such reconciliation 5 Energy and Water Utilities Regulatory Authority (Fees and Levies Collection Procedure)GN. NO. (Contd.) GN. NO. 420 (Contd.) statement. Exemption (4) In the event that a regulated supplier overpays an annual levy to the Authority, the Authority shall credit the account of the regulated supplier for the following quarter. - 7 Verify source ↗
(1) The Authority may, subject
AI-assisted research summary: The Authority may exempt a regulated supplier from paying levy, part of it, or accrued interest, if the stated criteria are met.
7.–(1) The Authority may, subject to criteria prescribed under subrule (2), exempt any regulated supplier from the requirement of paying levy, part thereof or any accrued interest thereon. (2) The criteria to be considered by the Authority under subrule (1) shall include the following: (a) the impact of levy to the price of regulated service or goods in relation to affordability of the service or goods to consumers; and (b) Government policies and directives. PART IV LEVY COLLECTION PROCEDURE IN THE PETROLEUM SECTOR Levy collection procedure in petroleum sector
Part
PART IV
- 8 Verify source ↗
Levy collection procedure in petroleum sector
AI-assisted research summary: This section is titled as the levy collection procedure for the petroleum sector.
8. Levy collection procedure in petroleum sector. PART V GENERAL PROVISIONS - 8 Verify source ↗
(1) The provisions of this Part shall apply to
AI-assisted research summary: Petroleum-sector regulated suppliers must pay the levy set by the Authority, and some suppliers must give notices within set time limits.
8.–(1) The provisions of this Part shall apply to regulated suppliers in the petroleum sector only. (2) All regulated suppliers shall pay to the Authority the levy as shall be determined from time to time. (3) The Authority shall, in determining the levy under subrule (2), consider the following: (a) inflation; (b) level of operations of the Authority; and (c) Government policies and directives; Provided that, the levy so determined shall not exceed one percent of the gross operating revenue of the regulated supplier. (4) The Authority shall, after prescribing the levy under subrule (2), notify regulated suppliers in writing about the said prescribed levy. (5) Notwithstanding the provisions of subrules (2) and (3), the provisions of this Part shall not be applicable to a regulated supplier dealing with liquefied petroleum gas, operating a retail outlet or a consumer installation facility. 6 Energy and Water Utilities Regulatory Authority (Fees and Levies Collection Procedure)GN. NO. (Contd.) GN. NO. 420 (Contd.) (6) A regulated supplier who- (a) localizes petroleum products; (b) downgrades a petroleum product; or (c) blends lubricants, shall notify the Authority not later than seven days after the end of the month. (7) The Authority shall, upon being notified pursuant to subrule (6), raise a demand note to a regulated supplier and such demand note shall be settled within thirty days of receipt of the demand note. PART V GENERAL PROVISIONS Mode of payment
Part
PART V
- 15 Verify source ↗
Revocation and savings
AI-assisted research summary: This section is titled “Revocation and savings” in the Fees and Levies Collection Procedure Rules, 2021.
15. Revocation and savings. 2 Energy and Water Utilities Regulatory Authority (Fees and Levies Collection Procedure)GN. NO. (Contd.) GN. NO. 420 (Contd.) THE ENERGY AND WATER UTILITIES REGULATORY AUTHORITY ACT, (CAP. 414) ______ RULES _____ (Made under section 40(1)) THE ENERGY AND WATER UTILITIES REGULATORY AUTHORITY (FEES AND LEVIES COLLECTION PROCEDURE) RULES, 2021 PART I PRELIMINARY PROVISIONS Citation - 9 Verify source ↗
The payment prescribed in rules 4, 5 and 8 shall
AI-assisted research summary: Payments required under rules 4, 5, and 8 must be made to the Authority when demanded, using a bank deposit, direct transfer, or another method the Authority prescribes.
9. The payment prescribed in rules 4, 5 and 8 shall be made to the Authority upon demand by way of- (a) bank deposit; (b) direct transfer to the Authority’s bank account as it shall be directed by the Authority; or (c) any other payment method as shall be prescribed by the Authority. - 10 Verify source ↗
A regulated supplier shall
AI-assisted research summary: A regulated supplier must keep complete and accurate records and data about its regulated services, and must promptly provide information, documents, records, notices and correspondences to the Authority when required under the Authority’s directions.
10. A regulated supplier shall- (a) keep complete and accurate records and data related to its regulated services pursuant to terms and conditions of a licence and the rules published by the Authority; and Obligation to supply information (b) as the Authority may require and pursuant to the Authority’s directions, promptly deliver to the Authority or information related to its regulated services. documents, records Notices and corresponde nces - 11 Verify source ↗
(1) Any correspondence or notice to be given
AI-assisted research summary: Notices under these Rules must be in writing and are treated as properly served if delivered by hand, registered mail, courier, or facsimile to the address specified by the Authority.
11.–(1) Any correspondence or notice to be given under these Rules shall be in writing and shall be deemed to have been properly served to the Authority or a regulated supplier if hand-delivered or sent by registered mail, courier services or transmitted by facsimile to the address as it shall be specified by the Authority from time to time. (2) Any notice given under the provisions of subrule (1) shall be deemed to have been duly served and received- 7 Energy and Water Utilities Regulatory Authority (Fees and Levies Collection Procedure)GN. NO. (Contd.) GN. NO. 420 (Contd.) (a) at the actual time of delivery, if delivered (b) personally; ten working days subsequent to the date of postage, if sent by registered mail with return receipt; and (c) at the time of receipt, if transmitted by facsimile where is confirmation of there uninterrupted transmission by a transmission report and provided that the original of the notice is delivered personally or sent by registered mail as soon as practicable. Penalties for non-payment of levy - 12 Verify source ↗
(1) In the event that a regulatory levy remains
AI-assisted research summary: If a regulatory levy is unpaid after the due date, the Authority must charge 2% monthly interest on the outstanding amount. If it is still unpaid after three months, the Authority may take collection and licensing enforcement steps.
12.–(1) In the event that a regulatory levy remains unpaid after the due date, the Authority shall charge interest at the rate of two percent compounded monthly on the outstanding amount. (2) In the event that a regulatory levy remains outstanding three months after the due date, the Authority may- (a) issue a notice to a regulated supplier to show cause why proceedings to enforce the collection of the debt should not be made; (b) for a regulated supplier in the petroleum sector, suspend or revoke a licence of the defaulting supplier; (c) for a regulated supplier in the other sectors- (i) (ii) suspend or revoke the licence; or in case of public-owned utilities, and where all efforts to recover such levy recommend has proven to futile, for change of respective Minister management of the defaulting supplier as provided in the Act and sector legislation as appropriate; or (d) commence the legal process to recover the outstanding amount, and the process shall be the same as a process of recovering a civil debt. Appeal - 13 Verify source ↗
Any person who is disputing the amount of levy
AI-assisted research summary: A person disputing the levy amount, or aggrieved by the Authority’s decision under rule 12, may appeal to the Tribunal.
13. Any person who is disputing the amount of levy payable under rules 5(1) or 7(2) or aggrieved by the 8 Energy and Water Utilities Regulatory Authority (Fees and Levies Collection Procedure)GN. NO. (Contd.) GN. NO. 420 (Contd.) Offence Revocation and savings GN. Nos. 157 of 2006, 68 of 2007 and 193 of 2010 decision of the Authority under rule 12, may appeal to the Tribunal. - 14 Verify source ↗
(1) Any person who contravenes the provisions
AI-assisted research summary: Anyone who contravenes rule 10 commits an offence and may be fined three million shillings, imprisoned for five years, or both. A regulated supplier is also liable for acts or omissions of its employed agents or staff when they concern generation activity.
14.–(1) Any person who contravenes the provisions of rule 10 commits an offence and shall on conviction be liable to a fine of three million shillings, or imprisonment for a term of five years or both. (2) Where a regulated supplier charged with an offence under the Act and these Rules is a body corporate, any person who, at the time of commission of such offence was acting as a director, a manager or officer of such body corporate, may be charged jointly in the same proceedings with the body corporate. (3) A regulated supplier who employs an agent, clerk, servant or other person, shall be answerable and liable for any acts or omissions of such persons in so far as the actions or omissions concern the generation activity. - 15 Verify source ↗
(1) The Energy and Water Utilities Regulatory
AI-assisted research summary: This section revokes three named Rules, but keeps prior orders, exemptions, and directives made under them in force as if made under these Rules until they are revoked, expire, or otherwise stop having effect.
15.-(1) The Energy and Water Utilities Regulatory (Payment of Annual Levy) (Commencement) Rules, 2006, Energy and Water Utilities Regulatory (Payment of Annual Levy) (Commencement of Application in Petroleum Sector), Rules, 2007 and Energy and Water Utilities Regulatory (Fees and Levies Collection Procedure) Rules, 2010 are hereby revoked. (2) Notwithstanding the revocation under subrule (1), all orders, exemptions or directives made or issued or deemed to have been made or issued under those Rules shall be deemed to have been made under these Rules, and shall remain in force until revoked or otherwise expire or cease to have effect. Dodoma GODFREY H. CHIBULUNJE 1st June, 2021 Director General 9
Part
PART I
- 1 Verify source ↗
These Rules may be cited as the Energy and
AI-assisted research summary: These Rules may be cited as the Energy and Water Utilities Regulatory Authority (Fees and Levies Collection Procedure) Rules, 2021.
1. These Rules may be cited as the Energy and Water Utilities Regulatory Authority (Fees and Levies Collection Procedure) Rules, 2021. Application - 2 Verify source ↗
These Rules shall govern the collection of fees
AI-assisted research summary: These Rules govern how fees prescribed by the Authority, and a regulatory levy, are collected and paid to the Authority.
2. These Rules shall govern the collection of fees prescribed by the Authority payable by any person to the Authority and the regulatory levy payable to the Authority by regulated suppliers pursuant to section 43 of the Act. Interpre- tation Cap. 414 - 3 Verify source ↗
In these Rules, unless the context otherwise
AI-assisted research summary: This section defines key terms used in the Rules.
3. In these Rules, unless the context otherwise requires- “Act” means the Energy and Water Utilities Regulatory Authority Act; “Authority” means the Energy and Water Utilities Regulatory Authority established under the provisions of the Act; “consumer installation” means an installation, including any pump, storage tank and piping licensed by the Authority to be used for such purpose; “due date” means thirty days after receipt of the demand note; “gross operating revenue” means revenue (net of VAT), as books of accounts of a regulated recorded in the supplier, excluding- (a) subventions, donations and grants; and 3 Energy and Water Utilities Regulatory Authority (Fees and Levies Collection Procedure)GN. NO. (Contd.) GN. NO. 420 (Contd.) (b) other income not related to the regulated services; “IPP” means an independent power producer; “licence” means the authorisation issued by the Authority to a regulated supplier to conduct a regulated service; “off taker” means a purchaser of electricity in power sale agreement; “petroleum product” means motor spirit premium, gas oil, Aviation Gas (AvGas), fuel oils, kerosene, Jet-A1, liquefied petroleum gas, propane, biofuel, butane, lubricating oils, and bitumen but shall not include natural gas; “retail outlet” means any place from where a petroleum product is sold or offered for sale to a customer for a retail sale; “retail sale” means the sale of a petroleum product at a retail outlet; “regulated sector” means electricity, petroleum, natural gas, and water and “regulated services” means any services supplied or offered includes for supply in a sector services which the Authority declares to such service under section 40 of the Act; “regulated supplier” means any person engaging activities in, or in and includes any person whom the Authority under section 40 of the Act to be such supplier; “Tribunal” means established under the provisions of the Competition Act. in connection with, a regulated sector declares and the Fair Competition Tribunal sanitation; regulated and be PART II FEES COLLECTION PROCEDURE
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