The Petroleum (Settlement of Disputes Arising from Upstream Petroleum Operations) Rules, 2023
This section introduces interpretation and administration topics for complaints and disputes, including the Director General, a committee, and committee appointments.
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About this statute
This section introduces interpretation and administration topics for complaints and disputes, including the Director General, a committee, and committee appointments. This section is titled “Reports” and introduces Part III on filing a complaint. This section concerns service of a summons to present a defence. This section is titled “Directives in respect of third-party application.” This section concerns amendments to complaints, defence, and reply.
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Provisions of The Petroleum (Settlement of Disputes Arising from Upstream Petroleum Operations) Rules, 2023
Showing 85 of 85
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Section 3
AI-assisted research summary: This section introduces interpretation and administration topics for complaints and disputes, including the Director General, a committee, and committee appointments.
3. Interpretation. PART II ADMINISTRATION OF COMPLAINTS AND DISPUTES Roles of Director General. Establishment of Committee. Composition and appointment of members of Committee.
Part
PART II
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Section 8
AI-assisted research summary: This section is titled “Reports” and introduces Part III on filing a complaint.
8. Reports. 1 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) PART III FILING OF A COMPLAINT Filing of complaints. - 4 Verify source ↗
(1) The Director General shall
AI-assisted research summary: The Director General must receive, evaluate, resolve, and record complaints, and may require parties to provide information relevant to a complaint.
4.-(1) The Director General shall- (a) receive complaints from- (i) persons engaged operations; in petroleum (ii) persons affected by petroleum operations; or (iii) third parties as provided under these Rules. (b) evaluate complaints and satisfy himself if the complainant has an interest in the matter to which the complaints relates and that the complaints are not frivolous or vexatious; (c) resolve the complaints; and (d) maintain a register of all complaints and disputes. (2) The Director General may, in the course of exercise of his functions, require any party to submit information relevant to a complaint. Establishment of Committee - 5 Verify source ↗
There shall be a Committee known as the PURA
AI-assisted research summary: A committee called the PURA Dispute Resolution Committee is established to handle dispute settlement.
5. There shall be a Committee known as the PURA Dispute Resolution Committee to deal with dispute settlement pursuant to the provisions of section 12(2) of the Act through procedures specified under Part XI(a) of the Act and these Rules. Composition - 6 Verify source ↗
(1) The Committee shall be composed of five
AI-assisted research summary: The Board appoints Committee members and related officers, the Committee may co-opt non-voting participants, and at least three members are needed for a quorum.
6.-(1) The Committee shall be composed of five 6 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) and appointment of members of Committee members to be appointed by the Board as follows: (a) not more than two members from the Board; (b) head of the legal services or legal officer within the Authority; (c) a person from the relevant directorate or unit of the Authority; and (d) any other person with competence relevant to the dispute. (2) The Committee may, as it considers necessary, co-opt any person who shall take part in proceedings of the Committee but shall have no right to vote. (3) Members of the Committee shall serve for such period as the Board may determine. (4) The Chairman of the Committee shall be appointed by from amongst members representing the Board, and where the Chairman is absent, the Committee shall appoint a member to preside the meeting. the Board (5) The Director General may participate in any meeting of the Committee but shall have no right to vote. (6) The Secretary to the Committee shall be such officer of the Authority appointed by the Board and shall have no right to vote. (7) Legal Services Unit of the Authority shall serve as secretariat to the Committee. (8) A quorum of the Committee shall be at least three members. is (9) Where a member of the Committee resigns, removed dies, from office or is for any other reason unable to act as a member the Committee, the Board shall appoint another person to be a member of the Committee within fourteen days from the date of notification of such incidence. of Meetings - 7 Verify source ↗
(1) The Committee shall hold a meeting for
AI-assisted research summary: The Committee must hold meetings to deliberate and decide disputes. The Secretary must send written notice and relevant documents to Committee members within seven calendar days, as far as reasonably practical. In an urgent matter, the Chairperson may call a committee meeting.
7.-(1) The Committee shall hold a meeting for purposes of deliberation and determination of disputes. (2) The Secretary shall, as far as it is reasonably practical, submit a written notice and relevant document to members of the Committee within seven calendar days. 7 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) (3) Where there is an urgent matter to be the Chairperson may call a committee determined, meeting in such a manner as may deem appropriate. Reports - 8 Verify source ↗
The Committee shall prepare and submit to the
AI-assisted research summary: The Committee must prepare and submit a written report on its activities to the Board quarterly and annually.
8. The Committee shall prepare and submit to the Board a written report on its activities on a quarterly and annual basis. Filing of complaints PART III FILING OF A COMPLAINT - 6 Verify source ↗
Section 6
AI-assisted research summary: This section lists filing and application fees, including fees for other interested parties.
6. Filing of a Complaint Filing of a Written Statement of Defence Filing of a Reply to the Written Statement of Defence Third Party Notice Application to Intervene Applications 2000 2000 2000 2000 3000 2500 FEES FOR OTHER INTERESTED PARTIES OTHER THAN OIL/GAS COMPANIES OR SERVICE PROVIDERS S/N FEE AMOUNT (TZS) 1 2 - 6 Verify source ↗
Section 6
AI-assisted research summary: Lists filing items and amounts for several court-related applications.
6. Filing of a Complaint Filing of a Written Statement of Defence Filing of a Reply to the Written Statement of Defence Third-Party Notice Application to Intervene Applications 1,000,000 1,000,000 1,000,000 1,000,000 2,000,000 1,500,000 Dodoma, CHARLES SANGWENI ........................, 2023 Director General 40
Part
PART III
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Service of summons to present defence
AI-assisted research summary: This section concerns service of a summons to present a defence.
10. Service of summons to present defence. - 14 Verify source ↗
Directives in respect of third-party application
AI-assisted research summary: This section is titled “Directives in respect of third-party application.”
14. Directives in respect of third-party application. - 15 Verify source ↗
Amendments to complaints, defence and reply
AI-assisted research summary: This section concerns amendments to complaints, defence, and reply.
15. Amendments to complaints, defence and reply. - 16 Verify source ↗
Consolidation of complaints or applications
AI-assisted research summary: This section is titled “Consolidation of complaints or applications.”
16. Consolidation of complaints or applications. - 17 Verify source ↗
Scrutiny of complaints
AI-assisted research summary: This section concerns scrutiny of complaints within the investigation and mediation procedures part.
17. Scrutiny of complaints. PART IV INVESTIGATION AND MEDIATION PROCEDURES Investigation of complaint. - 9 Verify source ↗
(1) A person aggrieved by any matter or action
AI-assisted research summary: A person aggrieved by a petroleum exploration or development matter may complain to the Director General, and the complaint must include proof of payment of the filing fee.
9.-(1) A person aggrieved by any matter or action or omission by another person in connection with petroleum exploration or development operations, may lodge a complaint to the Director General against such other person and serve a copy to the respondent. (2) Complaint referred under subrule (1) may be made through filling triplicate copies of Complaint Form No. 1 as prescribed in the First Schedule to these Rules. (3) Without prejudice to the requirement of subrule (1), a complaint form may be filed electronically in such a manner as the Authority may direct. (4) The complaint shall be accompanied with a proof of payment of the required filing fee as prescribed in the Third Schedule to these Rules. (5) Nothing this rule shall preclude an authorised representative from filing a complaint to the Director General on behalf of the person aggrieved. in (6) Notwithstanding the generality of subrule (1), any person or group of persons may file with the Director General a representative complaint: that, Provided the the representation of a person or group of persons shall be in writing signed by the parties giving such authorisation and shall be filed with the Authority. authorisation for (7) The complainant may attach evidence of communication with respondent of any initiative of trying to resolve the matter amicably. Service of - 10 Verify source ↗
(1) The Director General shall, not later than
AI-assisted research summary: The Director General must issue a Form No. 2 summons requiring the respondent’s defence within 14 working days after a complaint is received.
10.-(1) The Director General shall, not later than 8 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) summons to present defence fourteen working days after receipt of a complaint, issue summons in Form No. 2 as set out in the First Schedule to these Rules requiring the respondent to present his defence. (2) The Director General shall cause the complainant to serve a copy of summons to- (a) any other person who appears to be an interested or necessary party in relation to the matter; (b) a person who has indicated that he is interested in the matter. (3)A copy of the summons may be served through- (a) registered mail with return receipt; (b) email using the addresses previously disclosed or used between the parties in their business; (c) facsimile; or (d) publication in two newspapers of wide circulation in Tanzania one in English and another the Director General has determined that- in Kiswahili where (i) there are reasons to believe that the respondent is keeping out of the way for the purpose of avoiding the service; or (ii) for any other the summons cannot be served in the ordinary way; and reason, (iii) there is proof in writing from the local government authority that efforts to serve the respondent were taken and that such efforts have failed under due subparagraphs (i) and (ii). reasons given to Defence to complaint - 11 Verify source ↗
(1) The respondent shall, not later than twenty
AI-assisted research summary: The respondent must file a defence within 21 working days after service of summons, serve a copy on the complainant, and include proof of the filing fee.
11.-(1) The respondent shall, not later than twenty- one working days after receipt of service of summons, present to the Director General and a copy thereof served to the complainant, a defence to the complaint together with a proof of payment of the required filing fee as 9 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) prescribed in the Third Schedule to these Rules. (2) The defence may include a counterclaim or set- off, provided that, the Director General shall treat the counter claim as a cross claim, and the procedures for handling a complaint under these Rules shall apply. (3) The respondent shall not in his defence, deny generally the grounds alleged by the complainant, but shall deal specifically with each allegation of fact of which he does not admit according to his knowledge. (4) A respondent shall not deny evasively an allegation of fact in the complaint, and for that purpose the denial shall be on a point of substance. (5) Every allegation of fact in the complaint shall, if- (a) not denied specifically or by necessary implication; or (b) stated not to be admitted in the defence by the respondent, be taken to be admitted: Provided that, the Committee may at its discretion require any fact admitted to be proved otherwise than by such admission. (6) A respondent who fails to present a defence in the manner provided under these Rules shall be deemed to have waived his right to appear and participate in the proceedings unless he proves that he was not properly served with the notice of complaint and the summons to present defence. - 12 Verify source ↗
(1) Where the complainant intends to reply to
AI-assisted research summary: If a complainant wants to reply to the respondent’s defence, the complainant must file the reply with the Director General and include proof of payment of the filing fee. A copy of the reply must be served on the respondent within seven working days after receiving the defence.
12.-(1) Where the complainant intends to reply to the defence submitted by the respondent, he shall submit the reply to the Director General together with a proof of payment of the filing fee as prescribed in the Third Schedule to these Rules. (2) A copy of the reply shall be served to the respondent within seven working days from the date of receipt of the defence. Reply to defence Third-party procedure
Part
PART IV
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Mediation
AI-assisted research summary: This section is titled “Mediation” and sits in Part V on hearing and determination of disputes.
19. Mediation. PART V HEARING AND DETERMINATION OF DISPUTES - 18 Verify source ↗
(1) The Director General shall, within thirty
AI-assisted research summary: The Director General must investigate certain complaints within 30 days and can require reconsideration, then refer unresolved matters to mediation.
18.-(1) The Director General shall, within thirty days upon completion of scrutinisation of a complaint and preliminary examinations under rule 18, and where it comes to the attention of the Director General that- (a) the complainant has an interest in the matter to which the complaint relates; and (b) the complaint is not frivolous or vexatious, investigate the matter. (2) Where it appears to the Director General at any time during or after the investigation that there exists a meritorious complaint or defence and that the respondent or complainant has not considered the same, or has not considered it adequately, the Director General may, by notice, require the respondent or complainant to consider or reconsider the complaint or defence within fourteen 13 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) Mediation days from the date of receipt of the notification. (3) Where the party given the notice to consider or reconsider the complaint or defence is unable to do so within the time specified in subrule (2) or refuses to follow the advice of the Director General, the Director General shall submit the matter to the mediator for mediation. (4) Where the party given a notice under subrule (2) considers the advice given by the Director General, the Director General shall, within fourteen days, involve both parties and if the settlement is reached, the settlement shall be reduced in writing and signed by the parties. (5) Settlement reached under subrule (4) shall, upon registration by the Authority, be deemed to be an award of the Authority, and that no settlement which is not registered by the Authority shall be enforceable. - 19 Verify source ↗
(1) Where the Director General fails to resolve
AI-assisted research summary: If mediation succeeds, the parties must put the settlement in writing, sign it, and send a copy to the Authority for registration.
19.-(1) Where the Director General fails to resolve the matter under rule 18, an officer of the Authority or any other person agreed between the parties, may be appointed by the Director General to act as a mediator, who shall call for mediation meetings at such time and place as may be agreed between the parties. (2) A settlement reached by the parties out of the mediation session under subrule (1) shall be reduced into writing in the prescribed Form No. 4 as set out in First Schedule to these Rules, and shall be signed by the parties who shall furnish a copy thereof to the Authority for registration. (3) The settlement reached under subrule (2) shall, upon registration by the Authority, be deemed to be an award of the Authority, and that no settlement which is not registered by the Authority shall be enforceable: Provided that, no settlement shall be registered by the Authority where it appears to the Authority that the settlement is likely to infringe the interest of Government or licence holder, as the case may be. (4) The Authority shall where it determines that a settlement does not suffice to be registered it shall return the settlement to the parties for reconsideration. 14 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) PART V HEARING AND DETERMINATION OF DISPUTES Referral of complaints to Committee Language of Committee Place of hearing Scheduling of hearing
Part
PART V
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Referral of complaints to Committee
AI-assisted research summary: This section concerns the referral of complaints to a committee.
20. Referral of complaints to Committee. - 24 Verify source ↗
Hearing procedure to be quasi-conciliatory
AI-assisted research summary: This section states that the hearing procedure is to be quasi-conciliatory.
24. Hearing procedure to be quasi-conciliatory. - 26 Verify source ↗
Power to recall witnesses and take additional evidence
AI-assisted research summary: This section is about the power to recall witnesses and take additional evidence.
26. Power to recall witnesses and take additional evidence. - 34 Verify source ↗
Decision against third party in default
AI-assisted research summary: Section 34 concerns decisions against a third party in default.
34. Decision against third party in default. - 35 Verify source ↗
Application to set aside ex-parte order
AI-assisted research summary: This section is about applying to set aside an ex-parte order.
35. Application to set aside ex-parte order. - 36 Verify source ↗
Application to restore dispute
AI-assisted research summary: This provision is titled “Application to restore dispute.”
36. Application to restore dispute. 2 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) - 20 Verify source ↗
(1) Where at any stage, upon completion of
AI-assisted research summary: If scrutiny or mediation shows the parties cannot settle amicably, the Director General must submit a complaint to the Committee within 30 days of becoming aware, and must notify the parties within 7 working days after referral.
20.-(1) Where at any stage, upon completion of scrutiny or mediation it becomes clear that the parties cannot reach an amicable settlement, the Director General shall, within thirty days from when he became aware submit a complaint to the Committee for hearing. (2) The Director General shall, not later than seven working days after the complaint has been referred to the Committee under subrule (1), notify the parties that a complaint has been referred to the Committee for hearing. (3) The complaint submitted to the Committee shall have a status of a dispute. - 21 Verify source ↗
The language of the Committee shall be
AI-assisted research summary: The Committee must use Kiswahili or English.
21. The language of the Committee shall be Kiswahili or English. - 22 Verify source ↗
The Committee may hold its hearing in such
AI-assisted research summary: The Committee may hold its hearing at places it considers fit, while taking expeditious and economical conduct of the proceedings into account.
22. The Committee may hold its hearing in such places as it deems fit having regard to expeditious and economical conduct of the proceedings. - 23 Verify source ↗
(1) The Committee shall, before setting a
AI-assisted research summary: The Committee must notify parties in writing, set the dispute issues and schedule, issue a hearing summons, and ensure the hearing date is at least 15 days after the parties receive the summons.
23.-(1) The Committee shall, before setting a hearing date summon parties in writing for the purposes of ascertaining a speed track of the dispute, and for that purpose the Committee to frame issues in dispute. (2) Upon setting of speed track and framing of issues under subrule (1), the Committee shall issue a scheduling order. (3) Once a scheduling order the Committee shall issue a summons as prescribed in Form No. 5 as set out in the First Schedule to these Rules for the parties to appear for hearing. issued is (4) The summons issued under subrule (3) shall provide the date of hearing which shall not be less than 15 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) Hearing procedure to be quasi- conciliatory Hearing procedures and formalities seven days from the date which the parties received the summons. (5) Where a scheduling order is made, no departure from or amendment of such order shall be allowed unless the Committee is satisfied that such departure or amendment is necessary in the interests of justice and the party in favour of whom such departure or amendment is made shall bear the costs of such departure or amendment, unless the Committee directs otherwise. - 24 Verify source ↗
(1) Dispute proceedings shall be quasi
AI-assisted research summary: Dispute proceedings should be handled in a conciliatory way, and if conciliation is not possible the Committee must consider the matter and make a recommendation. A party may appear personally or through specified representatives.
24.-(1) Dispute proceedings shall be quasi- conciliatory in nature, provided that where no conciliation is possible, the Committee shall consider the matter and make recommendation therein. (2) A party may appear in the proceedings in person, by an advocate or by its principal officer or an authorised representative. (3) For the purpose of this Part, “hearing” means all processes required for the Authority’s determination of a dispute, including: (a) any attempt to resolve the dispute amicably; (b) oral and written submissions made by the parties; (c) adducing of evidence by the parties either oral or written; and (d) discovery of documents. - 25 Verify source ↗
(1) The Committee shall
AI-assisted research summary: The Committee must hear the complainant first, then the respondent, and may hear witnesses if needed before allowing final submissions.
25.-(1) The Committee shall- (a) hear the complainant first and may thereafter re- examination cross and entertain examination; (b) hear respondent and may the entertain cross examination; and examination thereafter re- and (c) after hearing the parties, hear witness if any cross necessary and where examination and re-examination. entertain (2) The Committee shall, on conclusion of submissions under subrule (1), allow parties to make final submissions. 16 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) (3) The Committee shall- (a) observe the principles of natural justice; (b) avoid formality and technicality of rules of evidence as much as possible, with a view of ensuring just, expeditious and economical handling of the proceedings. - 26 Verify source ↗
(1)
AI-assisted research summary: The Committee may recall witnesses, take additional evidence, call witnesses or experts, allow representation, permit cross-examination when needed, and order parties to submit reports related to a dispute.
26.-(1) In respect to any proceedings, the Committee may in its discretion- (a) recall witnesses and take additional evidence; (b) call any person or expert as a witness; (c) allow to representation when additional evidence is taken. the parties the right to have Power to recall witnesses and take additional evidence (2) Such additional evidence may be oral and the re- Committee may allow cross-examination and examination where necessary. (3) In dealing with any dispute the Committee shall have the power to order any party to the proceedings to submit a report of any matter related to the proceedings. Submissions - 27 Verify source ↗
The Committee may allow oral or written
AI-assisted research summary: The Committee may allow oral or written submissions, and those submissions must be made within seven working days after the hearing closes.
27. The Committee may allow oral or written submissions which shall be made within seven working days from the date of closure of hearing. Failure to appear - 28 Verify source ↗
(1) Where neither party appears when the
AI-assisted research summary: If neither party appears, or the complainant does not appear, when a dispute is called for hearing, the Committee may dismiss the dispute. If the respondent fails to appear without just cause, the Committee may order ex-parte proof of the complainant’s claims. An application under this rule may be made orally or in writing.
28.(1) Where neither party appears when the dispute is called for hearing, the Committee may issue an order that the dispute be dismissed. (2) Where the complainant fails to appear when the dispute is called for hearing, the Committee may issue an order that the dispute be dismissed. (3) Where the respondent fails to appear without just cause when a dispute is called for hearing, and upon an application by a complainant, the Committee may issue an order for ex-parte proof of the claims made by the complainant. (4) An application under this rule may be made orally or in writing. Adjournment - 29 Verify source ↗
(1) A party may, before or during hearing of a
AI-assisted research summary: A party may ask the Committee to adjourn a dispute hearing, orally or in writing, before or during the hearing.
29.-(1) A party may, before or during hearing of a 17 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) Application to intervene dispute apply to the Committee for adjournment. (2) An application for adjournment referred to under subrule (1) may be made orally or in writing. (3) The Committee may accept the application for an adjournment if it is satisfied that a party has sufficient reasons for adjourning hearing of the dispute. (4) The Committee may make determination on payment of costs of adjourning the case as it deems fit. - 30 Verify source ↗
(1) Any person who is interested in the dispute
AI-assisted research summary: A person interested in the dispute may apply to intervene before the hearing ends, and the Committee handles notice, objections, and the decision process.
30.-(1) Any person who is interested in the dispute before the Committee may, at any stage before the conclusion of the hearing, file an application to the Committee to intervene in the proceedings. (2) An application under this rule, shall be accompanied by an affidavit together with a proof of payment of the required fee as prescribed in the Third Schedule to these Rules and shall provide for, among other things, the following- (a) the date the application is filed; (b) the number of the dispute; (c) the title of the hearing to which the application relates; (d) the name, postal and physical address of the intervener; (e) the address for service; (f) the concise statement of the matters in issue affecting the intervener; (g) the party whose position the intervener intends to support; and (h) the grounds and documents in support of the application. (3) The Committee shall notify parties to the proceedings of the application and any party may file an objection within seven working days upon receipt of notice of the application. (4) The Committee may ascertain whether the applicant is directly affected by the outcome of the hearing and whether his interest in the outcome is established. (5) The Committee shall determine the application, 18 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) and where it rejects the application, it shall advice the applicant accordingly. (6) Where the Committee is satisfied that the applicant has sufficient the interest, application on such terms and conditions as it may deem fit. it shall grant (7) Where the application is granted, the intervener shall, within seven working days, file a statement of intervention containing: (a) Concise statement of the facts and arguments supporting the intervention; (b) reliefs sought; and (c) list of documents annexed and a copy of every document upon which the applicant relies. (8) The parties to the proceedings may, within seven days, file to the Committee a reply to the statement of intervention separately or jointly.
Part
PART VI
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Dismissal of proceedings instituted after period of limitation
AI-assisted research summary: Proceedings started after the limitation period are dismissed.
38. Dismissal of proceedings instituted after period of limitation. - 40 Verify source ↗
Power to extend limitation period
AI-assisted research summary: This section is about the power to extend a limitation period.
40. Power to extend limitation period. PART VII GENERAL PROVISIONS Issuance of compliance order. - 38 Verify source ↗
Subject to the provisions of these Rules, every
AI-assisted research summary: A proceeding covered by the limitation period in the Second Schedule must be dismissed if it is started after that period.
38. Subject to the provisions of these Rules, every proceeding described within the limitation period in the Second Schedule to these Rules and which is instituted after the period of limitation shall be dismissed. Accrual of cause of action - 39 Verify source ↗
(1) The period of limitation prescribed under
AI-assisted research summary: The limitation period starts when the right of action accrues, which is when the cause of action arises; for a continuing breach or continuing wrong, a fresh period runs each moment the breach or wrong continues.
39.-(1) The period of limitation prescribed under these Rules in relation to any proceeding shall, subject to the provisions of these Rules, commence from the date on which the right of action for such proceedings accrues. (2) The right of action in respect of any proceeding shall accrue on the date on which the cause of action arose. (3) Where there is a continuing breach of contract or a continuing wrong independent of a contract, a fresh period of limitation shall begin to run at every moment of the time during which the breach or the wrong, as the case may be, continues. Power to extend limitation period - 40 Verify source ↗
Where the Committee is of the opinion that in
AI-assisted research summary: The Committee may order more time for a complaint, but only if it considers that doing so is just and equitable.
40. Where the Committee is of the opinion that in view of the circumstances in any matter, it is just and equitable so to do, it may, by order, extend the period of limitation in respect of any complaint for a period not exceeding one-half of the period of limitation prescribed by these Rules for such complaint. Complainant to file particulars on affidavit if required Taxation for Costs PART VII GENERAL PROVISIONS
Part
PART VII
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Complainant to file particulars on affidavit if required
AI-assisted research summary: If required, the complainant must file particulars on affidavit.
41. Complainant to file particulars on affidavit if required. - 55 Verify source ↗
Copies of rulings, judgment, decree and orders
AI-assisted research summary: This section is a heading for copies of rulings, judgment, decree, and orders.
55. Copies of rulings, judgment, decree and orders. 3 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) __________ SCHEDULES __________ THE PETROLEUM ACT, (CAP. 392) _______ RULES _______ (Made under section 246) THE PETROLEUM (SETTLEMENT OF DISPUTES ARISING FROM UPSTREAM PETROLEUM OPERATIONS) RULES, 2023 Citation Application PART I PRELIMINARY PROVISIONS - 41 Verify source ↗
The Director General may require
AI-assisted research summary: The Director General may require complaints, or part of them, to be verified by affidavit.
41. The Director General may require the complaints or any part thereof to be verified by affidavit. - 42 Verify source ↗
(1) Where any party has been awarded the
AI-assisted research summary: A party awarded costs must file a bill of costs with the Director General to start taxation, and an aggrieved person may appeal the Director General’s decision to the Fair Competition Tribunal.
42.-(1) Where any party has been awarded the costs and wishes to recover the costs which he has been awarded under these Rules, he shall lodge an application for taxation by filing a bill of cost to the Director General who shall tax such bill accordingly. 22 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) GN. No. 263 of 2015 Procedures for applications Issuance of compliance orders General penalty Penalty for continued breach (2) Without prejudice to the provisions of subrule (1), the bill of costs shall be filed to the Authority in the format as prescribed under the Advocates Remuneration Order, 2015 mutatis mutandis. (3) Any person who is aggrieved by the decision of the Director General under subrule (1) may appeal to the Fair Competition Tribunal. - 43 Verify source ↗
(1) All applications to be made under these
AI-assisted research summary: Applications under these Rules must be filed with the Authority using the prescribed summons form and supported by an affidavit and proof of payment of the prescribed fee.
43.-(1) All applications to be made under these Rules shall be submitted to the Authority in the summons prescribed in Form No. 6 or 7, as the case may be, set out in the First Schedule to these Rules and shall be accompanied by an affidavit as in Form No. 8 as set out in the First Schedule to these Rules containing such details supporting the application. (2) All applications shall be accompanied by a proof of payment of the prescribed fee as set out in the Third Schedule to these Rules. (3) The Director General or Committee, as the case may be, shall have powers to make orders against any application under these Rules which do not determine the finality of a complaint or dispute. - 44 Verify source ↗
At any stage during hearing and where the
AI-assisted research summary: During a hearing, if the Authority is satisfied that a person has breached or is likely to breach the Act or Rules, it may issue a compliance order or other directives.
44. At any stage during hearing and where the Authority is satisfied that a person has breached or is likely to breach the provisions of the Act or Rules, the Authority may issue a compliance order subject to section 16 of the Act or such other directives as it may deem necessary. - 45 Verify source ↗
Any person who contravenes any of the
AI-assisted research summary: A person who breaches these Rules, where no specific penalty is already set, is liable to a fine of at least three million shillings.
45. Any person who contravenes any of the provisions of these Rules for which no specific penalty is provided shall be liable to a fine of not less than three million shillings. - 46 Verify source ↗
Any person who is in continuous breach of
AI-assisted research summary: A person who continuously breaches these Rules is liable to a fine of one million shillings for each day the breach continues or happens again.
46. Any person who is in continuous breach of these Rules shall, in addition of the penalty provided, be liable to a fine of one million shillings for every day on which the breach continues or recurs. 23 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) Authority to supplement procedures Extension of time Refusal of documents - 47 Verify source ↗
Where procedures are not provided for in these
AI-assisted research summary: If these Rules do not provide a procedure, the Authority may take necessary and lawful steps to complete its adjudication.
47. Where procedures are not provided for in these Rules, the Authority may do whatever is necessary and permitted by the Act and the applicable law to enable it to effectively and completely adjudicate on any matter before it. - 48 Verify source ↗
The Authority may, upon application and upon
AI-assisted research summary: The Authority may extend a time limit under the Rules if there is an application and good cause.
48. The Authority may, upon application and upon good cause, extend the time limited by these Rules for doing any act authorised or required by these Rules, whether before or after expiration of that time. - 49 Verify source ↗
The Committee or, as the case may be, the
AI-assisted research summary: The Committee or Director General may refuse to accept a document that does not meet the Rules’ requirements.
49. The Committee or, as the case may be, the Director General may refuse to accept any document which does not comply with the requirements of these Rules. Power to call for information - 50 Verify source ↗
The Committee shall, if deemed necessary to
AI-assisted research summary: The Committee may obtain information, documents, or evidence through the Director General when it considers that necessary to understand a dispute.
50. The Committee shall, if deemed necessary to inform itself of matters relevant to the dispute, have powers from any person or authority, information, documents or evidence, and in so doing the Committee shall obtain such information, document or evidence through the Director General. to obtain Application of Evidence Act Cap. 6 Power to regulate procedure Cap. 33 - 51 Verify source ↗
(1) Where these Rules do not provide the
AI-assisted research summary: If these Rules do not cover how evidence should be handled, the Committee may use the Evidence Act. Evidence brought by parties at a hearing must be under oath or affirmation, but the Committee or Director General may accept unsworn evidence.
51.-(1) Where these Rules do not provide the manner of handling any aspect pertaining to evidence, then the Committee shall have powers to invoke the provisions of the Evidence Act. (2) Evidence tendered by parties during hearing shall either be under oath or affirmation, except that the Committee or Director General may receive and work on unsworn evidence. - 52 Verify source ↗
(1) Where these Rules are silent on any matter
AI-assisted research summary: If the Rules do not cover a procedural matter, the Committee may make its own procedure rules.
52.-(1) Where these Rules are silent on any matter of procedure, the Committee shall have power to regulate its own procedures. (2) In exercising its powers under subrule (1), the Committee shall be at liberty to borrow the practice from the Civil Procedure Code Code or any other rules of procedure applicable to court on matters for which procedures is not provided for under these Rules. 24 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) Remuneration - 53 Verify source ↗
The Board may determine remuneration of
AI-assisted research summary: The Board may set remuneration for Committee members and other participants in Committee meetings.
53. The Board may determine remuneration of members of the Committee or any other participants to meetings of the Committee. Proceedings of Committee - 54 Verify source ↗
(1) All the proceedings before the Committee
AI-assisted research summary: Committee proceedings must be held in-camera, and the Secretary must record the proceedings.
54.-(1) All the proceedings before the Committee shall be conducted in-camera. (2) The Secretary of the Committee shall record the proceedings of the Committee. (3) All documents shall be filed to and kept by the Secretary. Copies of rulings, judgment, decree and orders - 55 Verify source ↗
The Secretary shall send or provide to each of
AI-assisted research summary: The Secretary must send or provide each party to the proceedings with a certified copy of the ruling, judgment, decree, or order free of charge.
55. The Secretary shall send or provide to each of the parties to the proceedings, a certified copy of the ruling, judgment, decree or order free of charge. ______________ FIRST SCHEDULE ______________ FORMS (Made under rule 9(2)) FORM NO. 1 THE PETROLEUM UPSTREAM REGULATORY AUTHORITY (PURA) Complaint Number………………….. …………………………….…..……………. COMPLAINANT ……………………………………………… RESPONDENT - - COMPLAINT FORM - 1 Verify source ↗
Details of the Complainant
AI-assisted research summary: This provision is a complaint form and related notice templates for PURA dispute proceedings, including how a complainant completes the form and how a respondent must reply.
1. Details of the Complainant: Name: ___________ _________________________________________________________- 25 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) Name Representative ______________________________________ of (where applicable): Address: __________________________________________________________________ Physical ___________________________________________________________ Address: City:_________________________________________________- _____________________ Office __________________________________________________________ Telephone: Mobile ___________________________________________________________ Telephone: E- mail:____________________________________________________________________ _ (2) Details of the Respondent: Name:___________________________________________________________- __________ Address: ___________________________________________________________________ 26 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) Physical Address_____________________________________________________________ City: ______________________________________________________________________ Office ____________________________________________________________ Telephone: Mobile ___________________________________________________________ Telephone: E-mail: ____________________________________________________________________ (3) Nature of the Complaint (a separate sheet may be used): ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ __________________ (4) Reliefs sought ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ____________________________________ (5) Has the Complainant tried to resolve the complaint directly with the Respondent? Yes No If yes, explain steps taken and results: 27 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) ________________________________________________________________________ __ (6) Has the Complainant sought legal redress from any other institution? If yes, provide the name of the institution and details of the redress sought (a separate sheet may be used): Yes No ________________________________________________________________________ __ (7) Have the copies of all relevant documents been attached? If yes, itemize the list: (a separate sheet may be used) Yes No _____________________________________________- ____________________________ YY YY YN o (8) Any other relevant information: (9) I hereby declare that all the facts and information given in the application are correct to the best of my knowledge. Signature of the Complainant/Principal Officer of the Complainant Date______________________________________ Day Month Year 28 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) For Authority’s Use Only (PROVIDE REQUIREMENT OF FEE PAYMENT) Proof of Payment: ________________________ Date Received: ___________________ Signature: ___________________ _________ _______________ (Made under rule 10(1)) _______________ FORM NO. 2 THE PETROLEUM UPSTREAM REGULATORY AUTHORITY (PURA) Complaint Number………………….. …………………………….…..……………. COMPLAINANT ……………………………………………… RESPONDENT - - SUMMONS TO FILE A DEFENCE TAKE NOTICE that Mr./Ms/Dr. .................................................(‘’the Complainant’’) of P.O. Box ........................................... has lodged a complaint against you at PURA, details of which are attached herewith. PURSUANT to rule 10(1) of the Petroleum (Settlement of Disputes Arising from Upstream Petroleum Operations) Rules, 2023, You are required to submit to PURA, within twenty-one (21) days from the date of this notice, a written reply to the complaint together with all relevant documents you will rely upon in support of your defence. Copy of the reply should be served to the Complainant. TAKE FURTHER NOTICE that failure to submit a reply within the stipulated period above will imply that you have waived your right to be heard and PURA shall proceed determining the matter in your absence as provided for in GN No. …………. GIVEN under seal of PURA this………. Day of ……………………….. 20…… 29 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) ................................................................................................. DIRECTOR GENERAL Receive a duplicate of this summons ………………………………………………… (to be signed by person on who summons is served) COPY TO BE SERVED UPON: ……………………………………. ……………………………………. ……………………………………. 30 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) ________________ (Made under rule 13(4)) _______________ FORM NO. 3 THE PETROLEUM UPSTREAM REGULATORY AUTHORITY (PURA) Complaint Number………………….. …………………………….…..……………. COMPLAINANT ……………………………………………… RESPONDENT ……………………………………………… PARTY THIRD PARTY NOTICE - - - THIRD TAKE NOTICE that this action has been brought by the Complainant against the Respondent in accordance with the attached complaint. The Respondent claims against you (here state nature of claim against third party, “.............................................................................................................................................. claim, (state grounds .”) “........................................................................”). grounds that the the the on of (*) And take notice that if you wish to dispute the Complainant’s claim against the Respondent, or the Respondent’s claim against you, you must appear within ............. days after the service of this notice inclusive of the day of service, otherwise you will be taken to admit the Complainant’s claim against the Respondent and the Respondent’s claim against you and you will be bound by any decision given in the claim. Dated the ........... day of ..................., 20 ...................................... Note.-* Delete this paragraph if the notice is served on a party who has already appeared in the claim. Signature:…………………….. Director General 31 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) __________________ (Made under rule 19(2)) _________________ FORM NO. 4 THE PETROLEUM UPSTREAM REGULATORY AUTHORITY (PURA) Complaint Number………………….. …………………………….…..……………. COMPLAINANT ……………………………………………… RESPONDENT - - SETTLEMENT FORM AFTER MEDIATION (This form should be filled in by all the parties and each party shall retain one copy and the other copy shall be submitted to the Authority) - 1
AI-assisted research summary: This section is a complaint-and-mediation form asking for the complainant, respondent, any third party, complaint number, filing date, and the nature of the complaint.
1.6 Name of the Complainant(s)............................................................................................ Name of the Respondent (s)............................................................................................ Name of the Third Party (if any): …………………………………………………… Number of the Complaint: ………............................................................................... Date of Filing the Complaint to PURA: .................................................................... Nature of the Complaint: ............................................................................................ ……………………………………………………………………….…………………… …… …………………………………………………………………….…..…………………… … DETAILS OF THE MEDIATION MEETING - 2
AI-assisted research summary: This text is a section heading for a petroleum disputes provision concerning upstream petroleum operations.
2.0 32 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) - 2
AI-assisted research summary: This section is a form field asking for the date, place, and participants of the mediation meeting.
2.3 Date (s) of the mediation meeting: …………………………………………………….. Place of the mediation meeting:……………………………………...………………… Names of the participants (See the names and signature of the participants in the verification part) - 2 Verify source ↗
Provision
AI-assisted research summary: This excerpt says the parties have agreed to settlement terms, but it does not include the actual terms.
2.4 What are the terms and conditions of the settlement? The parties hereto have agreed as follows; ................................................................................................................................................ ...... ................................................................................................................................................ ...... ................................................................................................................................................ ...... ................................................................................................................................................ ...... ................................................................................................................................................ ...... ................................................................................................................................................ ...... ................................................................................................................................................ ..... ................................................................................................................................................ ..... ................................................................................................................................................ ...... VERIFICATION - 3
AI-assisted research summary: The complainant, or the complainant’s representative, must verify that the form information is true and matches the parties’ agreement.
3.1 ,…………………….…….…….., being the Complainant/ Complainant’s I Representative (an administrator, executor, administratrix or executrix) hereby verify that all the information contained in this form are true and the same reflects what the parties hereto have agreed. Name: …………………………….…… Signature: ………..…….…………… Date: …………………………….. - 3
AI-assisted research summary: The respondent or the respondent’s representative/principal officer must verify that the form’s information is true and matches the parties’ agreement.
3.2 Respondent/ I,………………………….……….., Representative/Principal Officer of the Respondent hereby verify that all the information contained in this form are true and the same reflects what the parties hereto have agreed. Name: …………………………….…… Signature: being the ………..…….…………… Date: …………………………….. 33 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) - 3
AI-assisted research summary: The third party or its representative must verify that the form information is true and matches the parties’ agreement.
3.3 ,……………………….……….., being I the Third Party/ Third Party’s Representative (an administrator, executor, administratrix or executrix) hereby verify that all the information contained in this form are true and the same reflects what the parties hereto have agreed. Name: …………………………….…… Signature: ………..…….…………… Date: …………………………….. - 3
AI-assisted research summary: This form requires the parties to attend the hearing and provide any additional evidence they rely on; the mediator also verifies that the form is true and matches the parties’ agreement.
3.4 I ,……………………..….……….., being the Mediator in this matter hereby verify that all the information contained in this form are true and the same reflects what the parties hereto have agreed. Name: …………………………….…… Signature: ………..…….…………… Date: …………………………….. 34 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) ___________________ (Made under rule 23(3)) ___________________ FORM NO. 5 IN THE PURA DISPUTE RESOLUTION COMMITTEE Dispute Number: ……... / 20…… ………………………………… ………………….…………… - - COMPLAINANT RESPONDENT SUMMONS TO APPEAR FOR HEARING TAKE NOTICE that the above dispute has been fixed for hearing on the at …………………day ………………………………. Before the PURA Dispute Resolution Committee. of …………… 10:00 20…. hours At YOU ARE hereby required to appear in person or by an authorised representative without fail and submit to the other party and PURA any other additional evidence you intend to rely on in defending your case before …………. Day of ………………20…... You may also wish to bring witnesses if any. GIVEN under my hand and the seal of PURA this ………. day of ……….………20……. This summons has been issued on the application of ………………………………. ................................................................................................. CHAIRMAN OF THE COMMITTEE Receive a duplicate of this summons ………………………………………………….. (To be signed by person on who summons is served) 35 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) FORM NO. 6 __________________ (Made under rule 43(1)) _________________ Dispute Number: ……... / 20…… ………………………………… ………………….…………… - - COMPLAINANT RESPONDENT AUTHORITY SUMMONS LET ALL PARTIES CONCERNED appear before the DIRECTOR GENERAL in the..………day at ………………………………… of …………… At ………. 20…. hours (a) That the Director General be pleased to issue ……………... (b) That the Director General be pleased to………………… (c) Costs of this application be provided. (d) Any other relief(s) that the committee may deem fit. This application has been taken out at the instance if ………………… and the same are supported by and affidavit of the applicant. GIVEN under the seal of PURA this ……….day of ……….………20……. ................................................................................................. DIRECTOR GENERAL Presented for filing this ……….day of ……….………20……. ............................................... REGISTRY OFFICER COPY TO BE SERVED UPON …………………………… ……House, ……Floor………Street P.O. Box………………… …………………………… 36 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) DRAWN AND FILED BY: …………………………… ……House, ……Floor………Street P.O.Box………………… …………………………… FORM NO. 7 __________________ (Made under rule 43(1)) __________________ Dispute Number: ……... / 20…… ………………………………… ………………….…………… - - COMPLAINANT RESPONDENT COMMITTEE SUMMONS LET ALL PARTIES CONCERNED appear before the PURA DISPUTE RESOLUTION COMMITTEE in the ..………day of …………… 20…. At ……….. hours at ………………………………… (e) That the committee be pleased to issue …………….. (f) That the committee be pleased to………………… (g) Costs of this application be provided. (h) Any other relief(s) that the committee may deem fit. This application has been taken out at the instance if ………………… and the same are supported by and affidavit of the applicant. GIVEN under the seal of PURA this ………. Day of ……….………20……. ................................................................................................. CHAIRMAN OF THE COMMITTEE Presented for filing this ………. Day of ……….………20……. ............................................... SECRETARY TO THE COMMITTEE COPY TO BE SERVED UPON …………………………… …… House, …… Floor ………Street P.O.Box………………… 37 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) …………………………… DRAWN AND FILED BY: …………………………… ……House, ……Floor………Street P.O. Box………………… …………………………… __________________ (Made under rule 43(1)) __________________ FORM NO. 8 IN THE PURA DISPUTE RESOLUTION COMMITTEE/AUTHORITY Dispute Number: ……... / 20…… …………………………….…..……………. COMPLAINANT ……………………………………………… RESPONDENT - - AFFIDAVIT I, ………………………… an adult person, Christian/Muslim of P.O. Box …………. DO HEREBY solemnly affirm/swear and declare as under: - 3 Verify source ↗
That ……………………………………………
AI-assisted research summary: This text lists limitation periods for certain complaints and applications, and begins a fees table for oil/gas companies or service providers.
3. That ……………………………………………. I hereby state that whatever is stated herein above are true to the best of my knowledge. Solemnly affirmed/sworn at …………………………… SWORN by the said …………………………………...} Who is identified to me by ……………………………..} ..………………… 38 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) The latter being known to me personally in my presence} Deponent This …………day of …………….20…………………..} Full Name: …………………………………… Signature: …………………………………….. Postal Address: ………………………………. Qualification: ………………………………… _______________ SECOND SCHEDULE _______________ (Made under rule 38) LIMITATION PERIODS PART I COMPLAINTS NATURE OF COMPLAINT S/N 1 Interfere rights of the lawful occupier of any land or cause damage to any crops, trees, buildings, stock or work. Improper invoicing 2 3 Other complaints in connection with petroleum operations except complaints which have been covered under laws governing limitations. PERIOD OF LIMITATION Two years Two years Two years PART II APPLICATIONS S/N NATURE OF APPLICATION 1 2 3 Application to set aside an ex-parte Order or restoration of the claim Application for taxation Others OF PERIOD LIMITATION Thirty days Sixty days Thirty days 39 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) ______________ THIRD SCHEDULE _____________ (Made under rules 9(4), 11(1), 12(1), 13(1), 15(1), 30(2), 36(2) and 43(2)) S/N FEES FOR OIL/GAS COMPANIES OR SERVICE PROVIDERS AMOUNT (USD) FEE 1 2
Part
PART I
- 1 Verify source ↗
These Rules may be cited as the Petroleum
AI-assisted research summary: These Rules may be cited as the Petroleum (Settlement of Disputes Arising from Upstream Petroleum Operations) Rules, 2023.
1. These Rules may be cited as the Petroleum (Settlement of Disputes Arising from Upstream Petroleum Operations) Rules, 2023. - 2 Verify source ↗
(1) These Rules shall apply
AI-assisted research summary: These Rules apply in Mainland Tanzania to certain dispute-settlement procedures connected with exploration or development operations.
2.-(1) These Rules shall apply to Mainland Tanzania in relation to procedures relating to settlement of disputes between parties engaged in exploration or development operations either among themselves or in relation to themselves and third parties other than the Government not so engaged, in connection with- (a) the boundaries of development area; any exploration or (b) any act committed or omitted, or alleged to 4 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) have been committed or omitted, in the course of, or ancillary to, exploration or development operations; (c) the assessment and payment of compensation pursuant to the Act; or (d) any other matters in relation to exploration and development operations. (2) Where a dispute settlement agreement provides for settlement under these Rules, these Rules shall form part of the dispute settlement agreement and a dispute arising thereof shall be settled in accordance with these Rules. (3) Where the contract does not provide provisions for the resolution of disputes under these Rules, the parties involved in the dispute may agree that their dispute be settled by the Authority in accordance with the provisions of these Rules. Interpretation
Part
part of the dispute settlement agreement and a dispute
- 3 Verify source ↗
In these Rules, unless the context otherwise
AI-assisted research summary: This section defines terms used in the Rules, including Board, Committee, complaint, Authority, complainant, respondent, third party, dispute, authorised representative, and Act.
3. In these Rules, unless the context otherwise requires- “Board” means the governing board of the Petroleum Upstream Regulatory Authority; “Committee” means an ad hoc committee established pursuant to rule 5; “complaint” means material facts of the matter or act complained by the complainant, in respect of the conduct of petroleum exploration or development operations either among the parties having participating interest in licence or in relation to themselves and third parties; “Authority” means the Petroleum Upstream Regulatory Authority established under the Act; “local government authority” has a meaning ascribed to it under the Local Government (District Authorities) Act and the Local Government (Urban Authorities) Act; “complainant” means a person who files a complaint in the manner provided under these Rules; “respondent” means any person against whom a complaint is filed; 5 Caps. 287 and 288 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) “third party” means any person who is not a party to the complaint but the respondent have claims against him; “dispute” means a complaint referred to the Committee after the Director General has failed to resolve; “authorised representative” means a person duly authorised by the complainant or the respondent to represent or act on that behalf in the conduct of the complaint or dispute; and “Act” means the Petroleum Act. Cap. 392 PART II ADMINISTRATION OF COMPLAINTS AND DISPUTES Roles of Director General
Part
Schedule to these Rules.
- 13 Verify source ↗
(1) Where in any complaint the respondent
AI-assisted research summary: A respondent may ask the Director General to allow a third-party notice, and if leave is granted the respondent must file it; the Director General must serve a copy on the third party, who must defend within 21 days if disputing the claim or liability.
13.-(1) Where in any complaint the respondent claims against any person not being a party to the 10 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) complaint- (a) any contribution or indemnity; or (b) any relief or remedy relating to or connected with the subject matter of the complaint and substantially the same as a relief or remedy claimed by the complainant, the respondent may, subject to the payment of the required filing fee as prescribed in the Third Schedule to these Rules, apply to the Director General to present a third- party notice and that application shall, unless directed otherwise by the Authority, be supported by an affidavit. (2) An affidavit to which an application relates under this rule shall state- (a) the nature of the claim made by the complainant in a complaint; (b) the stage which the proceedings in the complaint have reached; (c) the nature of the claim made by the applicant against the third party and its relation to the complainant’s claim against the applicant; and is satisfied the Authority (d) the name and address of the third party. (3) Upon receipt of an application under subrule (1) and where the respondent’s claim against the third party is in respect of a matter referred to in paragraphs (a) and (b) in that subrule and that, having regard to all the circumstances of the complaint, it is reasonable and proper to grant leave to the respondent to present a third-party notice, the Director General shall, upon such terms and conditions, grant leave to the respondent to present a third-party notice. that (4) Upon granting of the leave in subrule (3), the respondent shall, within the time provided, submit a third- party notice in form No. 3 as set out in the First Schedule to these Rules. (5) A third-party notice shall state- (a) the nature of the complainant’s claim against the respondent; (b) the nature of the respondent’s claim against the third party; (c) the reliefs claimed by the respondent against 11 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) the third party; (d) the period within which the third party may present his defence; and (e) the consequences of the failure by the third party to present his defence within the period prescribed in the notice. (6) The Director General shall cause to be served a copy of a third-party notice presented to him on the third party in accordance with the procedure prescribed under rule 10. in (7) Where a third-party notice has been served on the third party, the third party shall, if he wishes to dispute the claim the respondent the complaint against presenting the third-party notice or his own liability to the respondent, present to the Director General its defence within twenty-one days from the date of service of the third-party notice. (8) A defence by third party under subrule (7) shall be filed to the Director General in a manner provided for under rule 11. - 14 Verify source ↗
Where a third party has presented a defence,
AI-assisted research summary: If a third party has filed a defence, the Director General must set a date for directions and may make orders about whether the third party’s liability should be tried.
14. Where a third party has presented a defence, the Director General shall fix a date for giving of directions and may on such date, if satisfied that there is a proper question to be tried as to the liability of the third party in respect of the claim made against him by the respondent, order the question of such liability to be tried in such manner, at or after the trial of the complaint, as the Director General may direct or, if the Authority is not so satisfied, make such order as the nature of the complaint may require. - 15 Verify source ↗
(1) A complainant or a respondent may, upon
AI-assisted research summary: A complainant or respondent may apply to amend a complaint, defence, or reply, but must pay the prescribed fee and satisfy the stated conditions. If amendment is allowed, the person must make the amendment within the time set by the Director General.
15.-(1) A complainant or a respondent may, upon application to the Authority and payment of the required prescribed fee in the Third Schedule to these Rules, amend the complaint, defence or reply, as the case may be, provided that- (a) the complainant or respondent provides sufficient cause to the Director General; and (b) the other party is afforded an opportunity to 12 Directives in respect of third-party application Amendments to complaint, defence and reply Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) make a response thereto within a reasonable time prior to mediation. (2) A complainant or respondent shall, upon being allowed to amend a complaint, defence or a reply as the case may be, amend such a complaint, defence or reply within the prescribed time as the Director General may determine. Consolidation of complaints or applications - 16 Verify source ↗
Where two or more proceedings are pending in
AI-assisted research summary: The Director General may order related pending proceedings to be consolidated or heard together.
16. Where two or more proceedings are pending in respect of the same application or which involve the same or similar issues, the Director General may, on its own motion or upon application of any of the parties, order that the proceedings or any particular issue or matter raised in the proceedings be consolidated or heard together. Scrutiny of complaints - 17 Verify source ↗
The Director General shall, within fourteen
AI-assisted research summary: The Director General must examine complaints within 14 days of receiving pleadings and may reject a complaint or application that does not meet the Rules.
17. The Director General shall, within fourteen days upon receipt of pleadings by parties, scrutinise a complaint and make preliminary examination, and in so doing have powers to reject a complaint or application which does not meet the requirements of these Rules. PART IV INVESTIGATION AND MEDIATION PROCEDURES Investigation of complaint
Part
Schedule to these Rules and shall provide for, among
- 31 Verify source ↗
(1) The Committee shall, on completion of
AI-assisted research summary: The Committee must make a finding on disputes after the hearing and, within 30 working days, recommend the matter to the Authority for a decision.
31.-(1) The Committee shall, on completion of hearing, make a finding on the disputes, and shall within thirty working days from the date of completion of the hearing, recommend to the Authority for a decision. (2) Save as otherwise provided under these Rules, the recommendation shall- (a) be by majority of members present; (b) be in writing, and shall be dated and signed by the Chairman as of the date on which it was pronounced; Recommendati on of Committee (c) contain a concise statement of the dispute, the points for determination, the recommendation thereon such recommendation. reason and the for Decision of Authority - 32 Verify source ↗
(1) The Authority shall, upon receipt of the
AI-assisted research summary: The Authority must consider the Committee’s recommendation and can make orders or decrees about a dispute.
32.-(1) The Authority shall, upon receipt of the recommendation of the recommendation and make orders or decree on the dispute. the Committee, consider (2) The Authority shall have powers to issue the following decree or orders: (a) requiring a party to pay damages, whether 19 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) specific or general; (b) requiring a party to compensate the other party on specified terms and conditions; (c) requiring a party to pay costs of another party or of a person appearing at the hearing or producing documents; (d) dismissing a dispute; (e) requiring specific performance; (f) requiring a party to refund any payment made; and (g) any other orders as may be deemed reasonable and just. Enforcement of decree or orders - 33 Verify source ↗
A decree or order of the Authority issued under
AI-assisted research summary: A decree or order issued by the Authority under these Rules is enforceable like a decree or order of the Court.
33. A decree or order of the Authority issued under these Rules shall be enforceable as a decree or order of the Court as stipulated under section 243 of the Act. Decision against third party in default Application to set aside ex- parte order - 34 Verify source ↗
(1) Where a third party
AI-assisted research summary: If a third party defaults in the proceedings, the respondent who filed the third-party notice may ask the Authority for an ex parte order or decree against that third party.
34.-(1) Where a third party- (a) makes default in presenting his defence within the time allowed under rule 13(7); or (b) having presented a defence, makes a default in appearing on the date fixed for the giving of directions, the respondent who presented a third-party notice may apply to the Authority for an ex-parte order or decree against the third party in respect of any contribution, indemnity or relief claimed in the notice. (2) The Authority may, on application for the respondent in subrule (1) and on ex-parte proof by the respondent of his claim against the third party, issue an order or decree against the third party as the nature of the dispute may require. - 35 Verify source ↗
(1) In any case which an order is passed ex
AI-assisted research summary: A person affected by an ex parte order may ask the Committee to set it aside if the fee is paid and the affidavit shows lack of service or another sufficient reason for not appearing.
35.-(1) In any case which an order is passed ex- parte, a party against whom an order is made ex-parte, may apply to the Committee to set aside such order: Provided that, the prescribed fee has been paid and the affidavit to the application satisfies the Committee that summons was not duly served or that the applicant was prevented by any sufficient cause from appearing when 20 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) Application to restore dispute Appeals the dispute was called on for hearing. (2) Where the Committee is satisfied with the application under subrule (1), it shall make an order setting aside an order as against that person upon such terms as to costs, payment to the Committee or otherwise as it may think fit and shall appoint a day for proceeding with the matter. - 36 Verify source ↗
(1) Where a dispute is dismissed under rule
AI-assisted research summary: If a dispute is dismissed under rule 28(1) or (2), the complainant may apply to set aside the dismissal order.
36.-(1) Where a dispute is dismissed under rule 28(1) or (2), the complainant may make application for an order to set aside the dismissal order. (2) Application to set aside the dismissal order shall be accompanied by a proof of payment of the prescribed fee as set out in the Third Schedule to these Rules together with an affidavit providing sufficient reasons for the restoration of the dispute. (3) An order shall not be made under this rule unless notice of the application has been served on the opposite party. - 37 Verify source ↗
(1) Any person aggrieved by the decision of
AI-assisted research summary: A person aggrieved by a decision may appeal to the Fair Competition Tribunal within 30 days.
37.-(1) Any person aggrieved by the decision of the Authority or any other decision made in connection to the purposes of these Rules may, within thirty days after such decision is given or made, appeal to the Fair Competition Tribunal. (2) The grounds for appeal shall include the following: (a) that the decision made was not based on the evidence produced; (b) there was an error in law; (c) the statutory and requirements applicable to the Committee were not complied with and the non-compliance materially affected the determination; procedures other (d) the Authority did not have power to make the award. Cap. 285 (3) The procedure for appeal shall be as provided under the Fair Competition Act. PART VI 21 Petroleum (Settlement of Disputes Arising From Upstream Petroleum Operations) GN. NO. 620 (Contd) LIMITATION PERIODS Dismissal of proceedings instituted after period of limitation
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The Petroleum (Settlement of Disputes Arising from Upstream Petroleum Operations) Rules, 2023
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