The Petroleum (Retail Operations in Townships and Villages) (Amendment) Rules, 2023
This section gives the short title of the 2023 Amendment Rules and says they must be read together with the 2020 principal Rules.
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- The Petroleum (Retail Operations in Townships and Villages) (Amendment) Rules, 2023
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This section gives the short title of the 2023 Amendment Rules and says they must be read together with the 2020 principal Rules. This provision adds two new definitions to rule 3: “Automatic Tank Gauging System” and “Sales system.” This section amends the principal Rules by replacing rule 7 with a new rule titled “Expiry of construction approval.” A construction approval stops having effect if construction does not start within 24 months of issue. Rule 12(1) is changed so the listed compliance conditions now include fire, environmental, fuel supply, facility-standard, and tank-monitoring requirements.
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Provisions of The Petroleum (Retail Operations in Townships and Villages) (Amendment) Rules, 2023
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- 1 Verify source ↗
These Rules may be cited as the Petroleum (Retail
AI-assisted research summary: This section gives the short title of the 2023 Amendment Rules and says they must be read together with the 2020 principal Rules.
1. These Rules may be cited as the Petroleum (Retail Operations in Townships and Villages) (Amendment) Rules, 2023 and shall be read as one with the Petroleum (Retail Operations in Townships and Villages) Rules, 2020 hereinafter referred to as the “principal Rules”. Amendment of rule 3 - 2 Verify source ↗
The principal Rules are amended in rule 3 by
AI-assisted research summary: This provision adds two new definitions to rule 3: “Automatic Tank Gauging System” and “Sales system.”
2. The principal Rules are amended in rule 3 by inserting in their appropriate alphabetical order the following new definitions: ““Automatic Tank Gauging System” means a system installed in storage tanks to monitor petroleum products levels in storage tanks, provide real- time data on volume, temperature and detect leaks; “Sales system” means a system installed to manage sales process for petroleum products, including order management, inventory tracking and pricing;”. Amendment of rule 7 - 3 Verify source ↗
The principal Rules are amended by deleting rule 7
AI-assisted research summary: This section amends the principal Rules by replacing rule 7 with a new rule titled “Expiry of construction approval.”
3. The principal Rules are amended by deleting rule 7 and substituting for it the following: “Expiry of construction approval - 7 Verify source ↗
(1)
AI-assisted research summary: A construction approval stops having effect if construction does not start within 24 months of issue.
7.-(1) construction The approval issued by the Authority under rule 6 shall cease to have effect in the event the holder of the said approval fails to commence construction within twenty-four months from the date of issue. (2) The Authority may, on its own motion or upon receipt of an 1 Petroleum (Retail Operations in Townships and Villages) (Amendment) GN NO. 761C (Contd.) application by a holder of a construction approval extend the validity of the construction approval for such period as it may deem fit. (3) The Authority shall, while making a decision under sub-rule 2, consider all factors affecting the project including: project (a) the economic viability of the commitment the the Applicant’s toward commencing construction; and (b) change of the Government policy and law that affects the project; (c) any other factor that may the the have an implementation project.” impact on of Amendment of rule 12 - 4 Verify source ↗
The principal Rules are amended in rule 12(1) by
AI-assisted research summary: Rule 12(1) is changed so the listed compliance conditions now include fire, environmental, fuel supply, facility-standard, and tank-monitoring requirements.
4. The principal Rules are amended in rule 12(1) by deleting paragraph (c) and substituting for it the following new paragraphs: “(c) submission of fire certificate or approval from the Fire department the facility has been that inspected and meets the fire fighting requirements; (d) submission of EIA certificate or an environment clearance letter signed by the District Executive Director; (e) possession of a fuel supply agreement of a term of two years with two wholesalers; (f) possession of a retail outlet that meets technical standards and specifications; and (g) the storage tank is installed with an Automatic Tank Gauging System connected to the Sales system which is integrated with NPGIS.” Amendment of rule 16 Amendment of rule 22 - 5 Verify source ↗
The principal Rules are amended in rule 16 by
AI-assisted research summary: This section amends rule 16 by deleting sub-rule (6).
5. The principal Rules are amended in rule 16 by deleting sub-rule (6). - 6 Verify source ↗
The principal Rules are amended in rule 22(2) by
AI-assisted research summary: This section changes rule 22(2) so “twenty-one days’ notice” is replaced with “seven working days’ notice”.
6. The principal Rules are amended in rule 22(2) by deleting the words “twenty-one days’ notice” and substituting for it the words “seven working days’ notice”. 2 Petroleum (Retail Operations in Townships and Villages) (Amendment) GN NO. 761C (Contd.) Amendment of rule 24 - 7 Verify source ↗
The principal Rules are amended in rule 24 by
AI-assisted research summary: This amendment adds requirements about fuel supply agreements, petroleum stock, sourcing from wholesalers, recordkeeping, and installing an Automatic Tank Gauging System and Sales system within six months.
7. The principal Rules are amended in rule 24 by adding immediately after paragraph (z) the following new paragraphs: (bb) ensure “(aa) have and maintain a valid fuel supply agreement(s) of a term of two years with one or two wholesalers”; that it maintains stock of petroleum products for supply to its customers of at least three days”; (cc) procure a petroleum product only from a wholesaler and establish and maintain records of such procurements pursuant law and orders and to applicable directions of the Authority”; and (dd) within six months after coming into force of these Rules, install the Automatic Tank Gauging System and Sales system which is integrated with the NPGIS”. Amendment of rule 28 - 8 Verify source ↗
The principal Rules are amended in rule 28 by
AI-assisted research summary: A retailer must lodge petroleum purchases, stock, and sales information to NPGIS every day.
8. The principal Rules are amended in rule 28 by- (a) deleting sub-rule (1) and substituting for it the following: “(1) A retailer shall lodge to the information on NPGIS on a daily basis petroleum purchases, stock and sales.”; and (b) deleting sub-rule (3). Addition of rule 40A - 9 Verify source ↗
The principal Rules are amended by adding
AI-assisted research summary: This section amends the principal Rules by adding a new rule after rule 40 and replacing rule 46, titled “Earthing and bonding”.
9. The principal Rules are amended by adding immediately after rule 40 the following new rule: Deletion and substitution of rule 46 “Earthing and bonding - 40A Verify source ↗
A retailer shall ensure it
AI-assisted research summary: A retailer must install and maintain the offloading area with an earth bonding wire.
40A. A retailer shall ensure it installs and maintains the offloading area with earth bonding wire.” - 10 Verify source ↗
The principal Rule are amended by deleting rule 46 and
AI-assisted research summary: This section amends the principal Rule by deleting rule 46 and replacing it with a new rule titled “Notification of offence.”
10. The principal Rule are amended by deleting rule 46 and substituting it with the following: “Notification of offence - 46 Verify source ↗
(1) At the conclusion of an
AI-assisted research summary: After an inspection finds a violation, the responsible person must complete Form No. 6; if the offence is admitted, a prescribed fine applies, and if disputed, the person is charged criminally. An inspector may also close or impound a facility or transport unit if continued operation poses imminent danger.
46.-(1) At the conclusion of an inspection and where it is found that there was a violation of the provisions of the Act, the Energy and Water Utilities Regulatory Authority Act and these Rules, a person responsible for such violation shall be required to fill in Form No. 6 set out in the First Schedule to these Rules in the following manner: (a) where such person disputes the offence, fill in Part A of 3 Petroleum (Retail Operations in Townships and Villages) (Amendment) GN NO. 761C (Contd.) GN. NO. 397 of 2020 GN. NO. 397 of 2020 the Notification Offence; or of the (b) where such a person admits the offence, fill in Part B of the Notification the Offences. of (2) In the event the person who has been found in violation of the law and who has admitted to the offence under the provision of sub-rule (1)(b), such person shall, pursuant to the provisions of the Energy and Water Regulatory Utilities Authority Offence) of (Compounding Regulations, 2020 be required to pay the prescribed fine. the offence under (3) Where a person has been found in violation of the law and who disputed the provision of sub-rule (1) (a), such person shall, be charged with a criminal offence and the provisions of the Energy and Water Utilities Regulatory Authority (Compounding of Offence) Regulations, 2020 shall apply. (4) Upon the conclusion of the inspection and where the inspector is satisfied that the continued operation of the transport unit or a facility poses an imminent danger to the lives of people and animals or destruction of property, he may proceed to order the closure or impoundment, as the case may be, of the said facility or transport unit regardless of whether the said person has admitted to the offence or not. (5) Notwithstanding the provisions of sub-rule (4), an inspector who has decided to close a facility or to impound a transport unit shall note down have compelled him to take such decision including all the available evidence. reasons which the 4 Petroleum (Retail Operations in Townships and Villages) (Amendment) GN NO. 761C (Contd.) Addition of rule 48A - 11 Verify source ↗
The principal Rule is amended by adding a new rule
AI-assisted research summary: This section amends the principal Rule by inserting a new rule after rule 48 about an offence relating to tampering with seals, tapes, or signage at a regulated facility.
11. The principal Rule is amended by adding a new rule immediately after rule 48 with the following: “Offence relating to tampering, cutting seals, tapes or removing signage to regulated facility - 48A Verify source ↗
A person who
AI-assisted research summary: A person must not tamper with or cut certain Authority affixed items, or remove Authority signage, at a regulated facility; doing so is an offence.
48A. A person who- (a) tampers with or cuts a tape seal or a yellow affixed by the Authority at a regulated facility; or (b) removes signage any affixed by the Authority at a regulated facility, commits an offence and shall, on conviction, be liable to a fine of not less than ten million shillings or imprisonment not term for exceeding two years, or to both.” a Amendment of Schedule
Part
Schedule
- 12 Verify source ↗
The principal Rules are amended in the Schedule by
AI-assisted research summary: The Schedule is amended to add a new item requiring submission of a supply fuel agreement for a two-year term with one or two wholesalers.
12. The principal Rules are amended in the Schedule by adding immediately after paragraph (n) appearing in item 8 of Form No. 3 the following: “(o) submission of a supply fuel agreement of a term of two years with one or two wholesalers”. Dodoma, 30th October, 2023 JAMES A. MWAINYEKULE Director General 5
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