The Petroleum (Natural Gas Midstream and Downstream) Regulations, 2020
This section is an interpretation heading for general principles on midstream and downstream natural gas operations, including the Authority’s function and safety requirements.
AI-assisted research synopsis — verify against the official legal text below.
- Jurisdiction
- Tanzania
- Instrument
- Regulation
- Citation
- The Petroleum (Natural Gas Midstream and Downstream) Regulations, 2020
- Version
- Undated source snapshot
- Language
- en
- Official source
- View official record ↗
Statute overview
About this statute
This section is an interpretation heading for general principles on midstream and downstream natural gas operations, including the Authority’s function and safety requirements. Section 6 is titled “Licensing of natural gas service worker.” This section concerns an application for a natural gas service worker licence relating to removal of an obstruction over an existing gas main. This section concerns carrying out earthworks near gas infrastructure. Section heading on damage to gas infrastructure.
Search within this statute
Search all stored provisions in this version.
Legal text
Provisions of The Petroleum (Natural Gas Midstream and Downstream) Regulations, 2020
Showing 78 of 78
- 3 Verify source ↗
Section 3
AI-assisted research summary: This section is an interpretation heading for general principles on midstream and downstream natural gas operations, including the Authority’s function and safety requirements.
3. Interpretation. PART II GENERAL PRINCIPLES IN RELATION TO MIDSTREAM AND DOWNSTREAM NATURAL GAS OPERATIONS Function of the Authority. Safety requirements in relation to natural gas.
Part
PART II
- 6 Verify source ↗
Licensing of natural gas service worker
AI-assisted research summary: Section 6 is titled “Licensing of natural gas service worker.”
6. Licensing of natural gas service worker. - 7 Verify source ↗
Application for natural gas service worker licence
AI-assisted research summary: This section concerns an application for a natural gas service worker licence relating to removal of an obstruction over an existing gas main.
7. Application for natural gas service worker licence. Removal of obstruction over existing gas main, etc. - 9 Verify source ↗
Section 9
AI-assisted research summary: This section concerns carrying out earthworks near gas infrastructure.
9. Carrying out of earthworks within vicinity of gas infrastructure. - 11 Verify source ↗
Damage to gas infrastructure
AI-assisted research summary: Section heading on damage to gas infrastructure.
11. Damage to gas infrastructure. 1 Petroleum (Natural Gas Midstream and Downstream) General GN. No. 270 (contd.) PART III GENERAL LICENCING CONDITIONS - 4 Verify source ↗
(1) In additional to the functions of the Authority
AI-assisted research summary: The Authority has listed functions for midstream and downstream natural gas operations, including consumer protection, public safety, fair competition, and reasonable treatment of similar licensees.
4. (1) In additional to the functions of the Authority conferred under the Act, the Authority shall, in relation to midstream and downstream natural gas operations, have the following functions: 7 Petroleum (Natural Gas Midstream and Downstream) General GN. No. 270 (contd.) (a) to protect the interests of consumers with regard to the- (i) prices and other terms for the supply of natural gas; (ii) reliability, availability and continuity of the supply of natural gas; and (iii) quality of natural gas supply services provided. (b) to protect the public from dangers arising from the storage, conveyance, processing, shipping, supply or use of natural gas; transportation, (c) to promote efficient use of natural gas by consumers; (d) to promote fair competition in the supply of natural gas; (e) to perform economic, technical and safety regulatoryfunctions in respect to the natural gas; (f) to advise the Government on all matters relating to importation, storage, transportation, conveyance, shipping, supply or use of gas; and exportation, processing, (g) to do such other things as required under these Regulations and to take such steps as necessary or expedient for the effective discharge of its functions and duties under the Act and these Regulations. (2). In performing its functions and exercising its powers, the Authority shall- (a) use its reasonable endeavours to apply principles and methodologies to natural gas licensees who conduct similar activities within a particular sector of the natural gas industry in a non-discriminatory manner; and (b) act in a reasonable manner in all circumstances. Safety requirements in relation to natural gas - 5 Verify source ↗
(1) A person shall not carry out any work in such a
AI-assisted research summary: People handling natural gas work must prevent gas escapes, test for tightness, seal disconnected outlets, and avoid ignition sources or hot work in unsafe conditions.
5. (1) A person shall not carry out any work in such a manner that allows natural gas to escape unless precautions are taken to prevent any such escape from being a danger to a person or property. (2)A person who intends to connect a natural gas 8 Petroleum (Natural Gas Midstream and Downstream) General GN. No. 270 (contd.) equipment, installation or fitting to a source of natural gas shall ensure that:- (a) every outlet is sealed with the appropriate natural gas fitting; and (b) the natural gas installation is tested for natural gas tightness. (3) Subject to subregulation (2), a person who carries out any work in relation to a natural gas fitting which might affect the natural gas tightness, shall immediately thereafter test the system for natural gas tightness. (4) Any person who disconnects a natural gas fitting shall, with the appropriate fitting, seal off every outlet of every pipe to which it is connected. (5) A person who carries out work in relation to a natural gas fitting which involves exposing any part of the natural gas installation which contains or contained flammable gas shall not smoke or use any source of ignition unless the natural gas installation has been purged so as to remove all such gas or has otherwise been made safe from risk of fire or explosion. (6) A person who searches for an escape of gas from a natural gas fitting shall not use any source of ignition unless the source of ignition is incorporated as part of an instrument designed for the detection of natural gas. (7) A person shall not use any flame or carry out any hot work in the vicinity where natural gas is known to be leaking. (8) Any person who contravenes this regulation commits an offence and shall be liable on conviction to a fine of not less than twenty million shillings or to imprisonment for a term of not less than five years or to both. (9) For the purpose of this regulation, “hot work” means any work performed in hazardous environment where there are sources of ignition including welding, soldering, burning. Licensing of natural gas service worker - 6 Verify source ↗
(1) A person shall not
AI-assisted research summary: A person may not do or advertise natural gas service work unless registered and holding a valid gas service worker license from the Authority.
6. (1) A person shall not: - (a) carry out or offer or undertake to carry out any natural gas service work; or (b) advertise or otherwise hold himself out or conduct himself in any way or by any means as a gas service worker or as a person who carries out or who is qualified by any written law to carry out gas service 9 Petroleum (Natural Gas Midstream and Downstream) General GN. No. 270 (contd.) Cap. 253 work; unless he is registered and holds a valid gas service worker license issued by the Authority in respect of the specific class of work being carried out or to be carried out. Application for gas service worker licence Cap. 414 (2) Any person who contravenes subregulation (1) commits an offence, and on conviction shall be liable to a fine not less than twenty million shillings or to imprisonment for a term not less than five years or to both. - 7 Verify source ↗
(1) Any person who intends to be a licensed gas service
AI-assisted research summary: People who want to be licensed as gas service providers or workers must apply to the Authority.
7. (1) Any person who intends to be a licensed gas service provider or worker shall apply to the Authority. (2) An application under subregulation (1) accompanied by the prescribed fee and shall be made through a procedure, and in such manner prescribed in the EWURA Act. (3) The Authority may, in its discretion, license a gas to such service worker either unconditionally or subject conditions as it thinks fit, or may refuse to license him. (5) The Authority may license gas service workers under different classes for different types of gas service work. Removal of obstruction over existing gas main, etc. - 8 Verify source ↗
(1) A person shall not build, erect or construct anything
AI-assisted research summary: A person must not build or construct anything over an existing gas transmission pipeline, gas main, or gas service pipe unless the licensee approves and the Authority consents.
8. (1) A person shall not build, erect or construct anything over any existing gas transmission pipeline, gas main or gas service pipe owned by, or under the management or control of, a licensee without the approval of the licensee and consent of the Authority. (2) Any person who contravenes subregulation (1) commits an offence, and on conviction shall be liable to a fine not less than twenty million shillings or to imprisonment for a term not less than five years or to both. Carrying out of earthworks within vicinity of gas infrastructure - 9 Verify source ↗
(1) Subject to this regulation, a person, other than a
AI-assisted research summary: A non-licensee must not do earthworks near gas infrastructure unless it gives written notice, gets location information, and consults the licensee; later notice, safety exceptions, and penalties also apply.
9. (1) Subject to this regulation, a person, other than a licensee, shall not commence or carry out, or cause or permit the commencement or carrying out of, any earthworks within the vicinity of any gas infrastructure or gas pipe in a gas pipeline network owned by, or under the management or control of, the licensee unless the person- (a) has given to the licensee not less than seven days’ notice in writing of the type, extent and expected 10 Petroleum (Natural Gas Midstream and Downstream) General GN. No. 270 (contd.) impact of the earthworks to be carried out, and the date on which it is proposed to commence the earthworks; (b) has obtained from the necessary information on the location of the gas infrastructure or gas pipe; and licensee the (c) has informed or consulted the licensee on the steps to be taken to prevent the gas plant or gas pipe from being damaged while the earthworks are being carried out. (2) A copy of the notice under subregulation (1) shall be served to the Authority by both, the person who will be carrying out the earthworks and the licensee. (3) The Authority may, if it thinks fit in any particular case, vary the period for which a notice under subregulation (1)(a) is to be given to a licensee. (4) It shall be the duty of a person who commences or carries out, or causes or permits the commencement or carrying out of, any earthworks referred to in subregulation (1)- (a) to comply with all reasonable requirements of the gas transporter for the prevention of damage to the gas plant or gas pipe; (b) to ensure that reasonable precautions are taken when such earthworks are being carried out to prevent any damage to the gas plant or gas pipe; and (c) to allow the gas transporter reasonable access to the work site for the purpose of inspecting or taking any necessary measures to protect the gas plant or gas pipe. (5) The licensee to whom a notice under subregulation (1)(a) above has been given shall- (a) promptly inform the person giving the notice of the location of the gas plant or gas pipe, and to provide the person with such other information as may be necessary to enable him to ascertain the exact location of the gas plant or gas pipe; (b) advise the person on the precautions to be taken to prevent damage to the gas plant or gas pipe; and 11 Petroleum (Natural Gas Midstream and Downstream) General GN. No. 270 (contd.) (c) take all such measures at the work site as may be reasonable and necessary for the protection of the gas plant or gas pipe and, in so doing, the gas transporter shall have regard to the potential risks and dangers that can arise from any damage to the gas plant or gas pipe. (6) Nothing in this regulation shall prohibit a person from commencing or carrying out, or causing or permitting the commencement or carrying out of, any earthworks where there are reasonable causes to believe that it is necessary to do so in the interest of public or private safety. (7) Subject to subregulation (6), as soon as practicable, but not more than twenty hours after the earthworks have been commenced or carried out, or caused or permitted the commencement or carrying out of any earthworks, a person shall give notice, in writing, to the licensee and Authority, stating the location, nature and extent of those earthworks. (8) Any person who contravenes subregulations (1), (2), (4) or (7) commits an offence and shall be liable on conviction to a fine not less than twenty million shillings or to imprisonment for a term not less than five years or to both. Savings of way leaves or easements - 10 Verify source ↗
Nothing in this Part shall
AI-assisted research summary: This section says nothing in this Part limits a licensee’s rights to make way leave agreements, get easements, or negotiate land or facility use.
10. Nothing in this Part shall- (a) affect the right of a licensee to enter into way leave agreement, or obtain a grant of an easement with or from the owner or occupier of any land for the purpose of laying, placing, carrying or erecting any gas pipeline or gas pipeline network or gas plant; (b) affect any such way leave agreement or easement of subsisting immediately commencement of these Regulations; or before date the (c) affect the right of a licensee to negotiate the use of land or facilities belonging to the State or any other person. Damage to gas infrastruc- ture - 11 Verify source ↗
(1) A person shall not, wilfully or recklessly alter,
AI-assisted research summary: A person must not wilfully or recklessly damage or interfere with gas infrastructure managed for a licensee.
11. (1) A person shall not, wilfully or recklessly alter, remove, destroy or damage any gas infrastructure owned or operated by, or under the management or control of, a licensee, or hinder or prevent the gas infrastructure from being used, 12 Petroleum (Natural Gas Midstream and Downstream) General GN. No. 270 (contd.) managed, controlled or operated in the manner in which it is intended to be used, managed, controlled or operated. (2) Any person who contravenes subregulation (1), commits an offence and upon conviction shall be liable, to a fine of not less than twenty million shillings or to imprisonment for a term of not less than two years but not more than five years or to both. PART III GENERAL LICENCING CONDITIONS National Oil Company consent Cap. 392
Part
PART III
- 13 Verify source ↗
Application through competitive tendering
AI-assisted research summary: This section is about application through competitive tendering.
13. Application through competitive tendering. - 16 Verify source ↗
Conditions in relation to transportation licence
AI-assisted research summary: This section concerns conditions for a transportation licence.
16. Conditions in relation to transportation licence. - 17 Verify source ↗
Conditions in relation to distribution licence
AI-assisted research summary: This section is titled “Conditions in relation to distribution licence” and sits in Part IV on regulation of compressed natural gas (CNG).
17. Conditions in relation to distribution licence. PART IV REGULATION OF COMPRESSED NATURAL GAS (CNG) - 12 Verify source ↗
(1) Pursuant to the Act, the National Oil
AI-assisted research summary: The National Oil Company has exclusive rights over the listed natural gas activities, and anyone who wants to carry them out must apply to it for consent.
12. (1) Pursuant to the Act, the National Oil Company shall have exclusive rights to undertake natural gas midstream and downstream value chain regulated activity. (2) Subject to the National Oil Company’s exclusive right referred to in subregulation (1), the National Oil Company may allow other person to undertake midstream and downstream regulated activity. (3) Pursuant to subregulation (2), any person intending to carry out regulated activity under the Act shall apply for a consent to the National Oil Company. (4) The application under subregulation (3) shall be in writing and contain the following: (a) name, address and nationality of the applicant; (b) type and business location to which the regulated activity is intended to be undertaken; (c) description of the project outlining type of a regulated activity, geographical location, location conditions, lifetime of the project and major risks; (d) proof of financial and technical capacity to undertake such activity; and (e) any other particulars National Oil Company may require. (5) A copy of application shall be submitted to the Authority by the applicant. (6) Within ninety days from the date of receiving the application, the National Oil Company shall issue a decision, giving reasons, whether to grant or refuse consent. 13 Petroleum (Natural Gas Midstream and Downstream) General GN. No. 270 (contd.) (7) Subject to sub regulation (4), the National Oil Company in granting or refusing the application shall also consider: (a) relevant policy, guidelines; and (b) public interest. law, regulations and (8) A decision under subregulation (6) shall be submitted to the applicant and a copy to the Authority. through Applicatio n competitiv e tendering Licensing procedure - 13 Verify source ↗
Notwithstanding regulation 12, the National Oil
AI-assisted research summary: The National Oil invite Company may invite an interested person to conduct a regulated activity through competitive tendering, despite regulation 12.
13. Notwithstanding regulation 12, the National Oil invite Company may interested person to conduct regulated activity. through competitive tendering, - 14 Verify source ↗
Upon receipt of consent from the National Oil
AI-assisted research summary: A person intending to carry on a regulated activity must apply to the Authority for a licence after getting consent from the National Oil Company.
14. Upon receipt of consent from the National Oil Company, a person who intends to conduct a regulated activity shall apply to the Authority for a licence in accordance with the Rules issued in accordance with the Act. Conditions of licences - 15 Verify source ↗
Without prejudice to the provisions of the Act, a
AI-assisted research summary: A licence may be issued with conditions, including requirements about activities, information, compliance with Authority directions, reporting, and maintaining a place of business in Mainland Tanzania.
15. Without prejudice to the provisions of the Act, a licence may include terms or conditions- (a) restricting the activities which the licensee is permitted to carry out; (b) requiring the licensee to furnish specified information in such manner and at such times as the Authority may require; (c) requiring the licensee to comply with any direction, determination, order or decision of the Authority as to such matters specified in its licence; (d) requiring the licensee to serve the Authority with the reports as specified by the Authority; (e) requiring a licensee to have a place of business in Mainland Tanzania; and (f) Any other condition as that Authority may the consider necessary for carrying out 14 Petroleum (Natural Gas Midstream and Downstream) General GN. No. 270 (contd.) regulated activity. Conditions in relation to transporta- tion licence - 16 Verify source ↗
Without prejudice
AI-assisted research summary: A transportation licence may include conditions for gas conveyance, third-party access, emergency procedures, interconnection, pricing, and corporate social responsibility.
16. Without prejudice to regulation 9, a transportation licence may include conditions: (a) requiring the licensee to enter into an arrangement with any person for- (i) (ii) (iii) the conveyance of gas through a gas pipeline, or any other means including mini LNG, or gas pipeline network owned by, or under the management or control of another licensee; provide access to other users (third party access); and such other purposes as may be specified in the licence, on such terms as may be approved by the Authority; (b) requiring the licensee to have in place procedures to be followed in the event of a public emergency and requiring it to maintain a national gas emergency service for the gas supply system; (c) requiring the licensee to interconnect one or more gas pipelines or gas pipeline networks or to convert a gas pipeline network to allow for the conveyance of natural gas through that gas pipeline network; (d) pertaining to the prices to be charged by the licensee for use of a gas pipeline or gas pipeline network owned by, or under the management or control of another licensee and the methods by which such charges are to be determined; and (e) requiring the licensee to have corporate social responsib ility arrangement. conditions in relation to distribution licence - 17 Verify source ↗
Without prejudice to the generality of regulation
AI-assisted research summary: A distribution licence may contain conditions about gas supply, pipeline access, backup supply, and pricing.
17. Without prejudice to the generality of regulation 9, a distribution licence may include conditions- (a) requiring the licensee to ensure safe, reliable, affordable and sufficient supply of natural gas to end users; 15 Petroleum (Natural Gas Midstream and Downstream) General GN. No. 270 (contd.) (b) requiring the licensee to secure such rights for the conveyance of gas through a gas pipeline or any other means including mini LNG or gas the pipeline network owned by, or under management or control of another licensee as are necessary for the purposes of complying with obligations owed by the natural gas supplier to consumers connected to such gas pipeline or gas pipeline network; (c) requiring the licensee to act as a supplier in the event of the failure or default of another gas supplier; and (d) pertaining to the prices to be charged by the licensee and methods by which such charges are determined. PART IV REGULATIONS INRELATION TO COMPRESSED NATURAL GAS Standards
Part
PART IV
- 26 Verify source ↗
Meter data
AI-assisted research summary: Section 26 is titled “Meter data” and appears within Part V on the import, transit, and export of natural gas.
26. Meter data. PART V IMPORT, TRANSIT AND EXPORT OF NATURAL GAS - 18 Verify source ↗
A CNG facility manufactured locally or imported
AI-assisted research summary: CNG facilities made locally or imported and used, sold, or offered for sale in Mainland Tanzania must comply with the applicable standards under the laws of Tanzania.
18. A CNG facility manufactured locally or imported and used, sold or offered for sale in Mainland Tanzania shall comply with standards in accordance with the laws of the United Republic of Tanzania. Certification - 19 Verify source ↗
(1) All CNG facilities shall be installed, repaired,
AI-assisted research summary: CNG facilities and related components must be installed and handled by approved workshops, inspected and certified, and vehicles with CNG systems must be insured and reported to the motor vehicle registration authority.
19.-(1) All CNG facilities shall be installed, repaired, routinely maintained, modified, dismounted or withdrawn by part or all CNG fuel system components by CNG installation workshop approved by the Certifying Authority. (2) CNG facility shall be inspected prior to use, inspected after use, tested, calibrated, certified and labelled after installation, modification, dismounting or withdrawal of part or all CNG fuel system components by the CNG Fuel System Certifiers and CNG Fuel System Inspector (CNG- FSI); (3) Any person who contravenes sub regulation (1) and (2) shall be liable to a fine of not less than ten million Shillings or to imprisonment of not less than two years or both. 16 Petroleum (Natural Gas Midstream and Downstream) General GN. No. 270 (contd.) Maintena- nce of CNG register CNG condition and repair (4) The vehicle installed with CNG fuel system and certified with CNG Fuel System Certifiers shall be insured in accordance with applicable law. (5) Upon certification, the owner of the vehicle installed with CNG fuel system shall notify the authority responsible for motor vehicle registration. (6) The requirement of the foregoing provisions do not exempt a person from complying with other written laws. - 20 Verify source ↗
The Authority shall develop and maintain
AI-assisted research summary: The Authority must develop and maintain a registry, and keep it updated from time to time.
20. The Authority shall develop and maintain registry that shall be updated from time to time - (a) indicating information including, CNG cylinder manufacturer number, vehicle registration number fitted to, inspection, registered CNG fuel system supplier, certification and expiration date; and (b) indicating a list of valid CNG Fuel and System Certifiers approved CNG installation workshops. (CNG-FSC) - 21 Verify source ↗
(1) Any CNG facility manufactured locally or
AI-assisted research summary: CNG facilities in Mainland Tanzania must be kept in good condition, and repaired or altered cylinders and meters cannot be used, sold, or offered for sale unless inspected, calibrated, tested, certified, and labelled as required.
21. (1) Any CNG facility manufactured locally or imported and used, sold or offered for sale in Mainland Tanzania shall be kept and maintained in good condition in accordance with applicable law, relevant standards and manufacturer’s specifications. (2) Any person who alters, repairs or cause to be altered or repaired any CNG cylinder or meter shall not use, sale or offer for sale such CNG cylinder or meter unless such CNG cylinder or meter has been inspected, calibrated, tested, certified and labelled by the CNG Fuel System Certifiers and WMA as the case may be. (3) Any person who contravenes this regulation commits an offence an upon conviction shall be liable to a fine of not less than twenty million shillings or to an imprisonment for a term of not less than two years but not exceeding five years or to both. Construc- - 22 Verify source ↗
(1)A person shall not construct a CNG facility
AI-assisted research summary: A person must not construct a CNG facility unless the Authority has given construction approval under the Rules.
22.-(1)A person shall not construct a CNG facility 17 Petroleum (Natural Gas Midstream and Downstream) General GN. No. 270 (contd.) tion approval without a construction approval from the Authority as prescribed under the Rules. (2) Any person who contravenes this regulation commits an offence and shall, upon conviction, be liable to a fine of not twenty million Shillings or imprisonment for a term of not less than three years or to both. than less Application for licence Installation of meters - 23 Verify source ↗
(1) A person shall not own or operate a CNG
AI-assisted research summary: A person must not own or operate a CNG facility without a licence from the Authority under the Rules.
23. (1) A person shall not own or operate a CNG facility without a licence from the Authority as prescribed under the Rules. (2) Any person who contravenes this regulation commits an offence and upon conviction shall be liable to a fine of not less than twenty million shillings or to an imprisonment of not less than two years but not more than five years or to both. - 24 Verify source ↗
(1) All CNG systems shall be fitted with
AI-assisted research summary: CNG systems must have proper metering, users must not supply CNG without a compliant meter, meters must not be tampered with, and suspected tampering must be reported to the Authority.
24. (1) All CNG systems shall be fitted with appropriate metering systems allowing for CNG supplied to be accurately metered, and no person shall supply CNG to another person without a meter that complies with applicable standards and applicable law. (2) Without prejudice to subregulation (1), such meter shall be submitted to periodic re-testing in accordance industry practices with best and relevant standards, and in any case no less frequently than every three years. international petroleum (3) A person shall not tamper with, alter, affect or attempt to affect the accuracy of a meter referred to under subregulation (1). (4) Where any licensee identifies evidence, which indicates that a meter has been tampered with or altered in any way, he shall notify the Authority without delay. (5) Any person who contravenes this regulation commits an offence and upon conviction shall be liable to a fine of not less than ten million Shillings or to imprisonment of not less than two years or to both. 18 Petroleum (Natural Gas Midstream and Downstream) General GN. No. 270 (contd.) Right to information - 25 Verify source ↗
The Authority shall have the right to request
AI-assisted research summary: The Authority may request copies of certain reports and certificates, and the licensee must promptly provide them when asked.
25. The Authority shall have the right to request copies of reports and certificates issued by the relevant authorities in respect of such meters and, where the Authority makes such request, the licensee shall promptly provide these to the Authority. Meter data - 26 Verify source ↗
(1) A licensee shall keep and maintain meter
AI-assisted research summary: A licensee must keep meter data and submit it to the National Petroleum and Gas Information System (NPGIS).
26. (1) A licensee shall keep and maintain meter data, and shall submit such meter data to the National Petroleum and Gas Information System (NPGIS), in accordance with applicable law concerning keeping and maintaining reports, records and returns related to its regulated activity. (2) Any person who contravenes this regulation commits an offence and upon conviction shall be liable to a fine of not less than ten million shillings or to imprisonment for a term of not less than two years or to both. IMPORT, TRANSIT AND EXPORT OF NATURAL GAS PART V Conditions for import, export and transit
Part
PART V
- 27 Verify source ↗
Conditions for import, transit and export
AI-assisted research summary: This section concerns conditions for import, transit, and export.
27. Conditions for import, transit and export. - 34 Verify source ↗
Power of the Authority to confiscate
AI-assisted research summary: This section is titled “Power of the Authority to confiscate.”
34. Power of the Authority to confiscate. - 35 Verify source ↗
Declaration
AI-assisted research summary: This section is titled “Declaration” and appears in Part VI on records, reports, and other information.
35. Declaration. PART VI RECORDS, REPORTS AND OTHER INFORMATION - 27 Verify source ↗
(1) Any gas infrastructure used for import, transit
AI-assisted research summary: Gas infrastructure used for import, transit, or export must comply with applicable laws and standards.
27. (1) Any gas infrastructure used for import, transit or export shall comply with all applicable laws and standards. (2) The quality of natural gas imported or exported shall comply with all applicable laws or best international petroleum industry practices. Requirement for approval - 28 Verify source ↗
(1) A licensee shall not import, transit or export
AI-assisted research summary: A licensee may not import, transit, or export natural gas unless the Authority has issued approval under these Regulations.
28.-(1) A licensee shall not import, transit or export natural gas without an approval from the Authority issued in accordance with these Regulations. (2) Any person who contravenes this regulation commits an offence and on conviction shall be liable to a fine of not less than ten million shillings or to imprisonment for a term not less than two years or to both. Application for approval - 29 Verify source ↗
(1) Any person who intends to apply for an
AI-assisted research summary: To apply for approval to import, transit, or export, a person must hold a valid licence and submit the application in the prescribed form with the listed supporting documents and fee.
29.-(1) Any person who intends to apply for an approval for import, transit or export shall have a valid licence for the respective regulated activity granted pursuant to provisions of the Act. 19 Petroleum (Natural Gas Midstream and Downstream) General GN. No. 270 (contd.) (2) The application under this regulation shall be in prescribed form and accompanied by the following: (a) proof of financial capability including financing plan to carry out the activity; (b) proof of technical capability to carry out the activity; (c) details of the shareholders of the applicant; (d) certified copy of tax identification number certificate; (e) certified copy of tax clearance certificate; (f) certified copy of certificate of registration for value added tax; (g) a local content plan in accordance with applicable law; (h) a duly signed integrity pledge in accordance with applicable law; (i) an environmental and social impact assessment certificate or environment audit certificate as the case may be; (j) A business plan describing the scope of the activity; (k) the anticipated use and location of the natural gas within Mainland Tanzania; (l) details of the source(s) and destination(s) of natural gas for import, transit or export, as the case may be; (m) details of the means by which such natural gas shall be imported, transited or exported, as the case may be; (n) details of volumes by which such natural gas shall be imported, transited or exported, as the case may be; (o) a list and description of facilities proposed to be 20 Petroleum (Natural Gas Midstream and Downstream) General GN. No. 270 (contd.) used for the activity; and (p) any other document and information as may be required by the Authority. (3) The application under subregulation (2) shall be accompanied by a non-refundable application fee prescribed by the Authority in the Rules. Criteria for approval - 30 Verify source ↗
The Authority shall, in making a decision to
AI-assisted research summary: When deciding whether to grant or refuse an approval under regulation 29, the Authority must consider specified factors.
30. The Authority shall, in making a decision to grant or refuse an approval under regulation 29, take into consideration the following: (a) risk analysis of the activity; (b) contribution of the activity to meet potential demand and future needs of the natural gas; (c) the opinion from other relevant authorities with which the Authority consults in relation to the application for approval; and (d) public interests that may be affected by the activity. Consultation - 31 Verify source ↗
Before granting or refusing to grant the approval,
AI-assisted research summary: Before granting or refusing approval, the Authority must consult the Minister, the National Oil Company, the Petroleum Upstream Regulatory Authority, and any other relevant authorities.
31. Before granting or refusing to grant the approval, the Authority shall consult the Minister, National Oil Company, Petroleum Upstream Regulatory Authority and any other relevant authorities. Grant or refusal of application - 32 Verify source ↗
(1) The Authority shall, upon consideration of
AI-assisted research summary: The Authority must decide on import, transit, or export approval applications and tell the applicant its decision in writing. An approval cannot be transferred, and it may stop having effect if the activity does not start within six months or any extended period allowed by the Authority.
32. (1) The Authority shall, upon consideration of the application for import, transit or export, grant or refuse to grant the approval. (2) The decision under communicated to the applicant in writing. this regulation shall be (3) The approval granted under subregulation (1) shall not be transferable. (4) Unless otherwise withdrawn, revoked, suspended these or amended, every approval granted under Regulations, shall be granted for a specified time, facility and a defined capacity. (5) Where the Authority has issued an approval and 21 Petroleum (Natural Gas Midstream and Downstream) General GN. No. 270 (contd.) the activity has not commenced within six months from the date on which an approval was granted or upon expiry of an extended period allowed by the Authority, the approval shall cease to have effect. Revocation and suspension - 33 Verify source ↗
(1) The Authority may by notice in writing,
AI-assisted research summary: The Authority may withdraw, revoke, suspend, amend, or reinstate an approval, and must give the holder at least 21 days’ notice before intending to do so.
33. (1) The Authority may by notice in writing, withdraw, revoke, suspend or amend an approval if any term or condition for approval has not been complied with. (2) Notwithstanding subregulation (1), the Authority may withdraw, revoke, suspend or amend an approval- (a) Where the approved person- (i) knowingly or recklessly give or permit to be given information which is false or misleading; (ii) persistently fails to comply with the approved local content plans; (iii) persistently violates the tariffs, rates and charges established by the Authority; (iv) persistently fails or refuses to submit information to the NPGIS; (v) fails to comply with the applicable health, safety, service, quality or environmental standards; or (vi) is convicted or found guilty of an offence relating to corruption, money laundering, economic crimes or tax evasion. (b) upon revocation of the licence in relation to the these activity under regulated respective regulations; (c) upon violation of any provisions of the Act affecting the conduct of the respective regulated activity under these regulations. (3) Where the Authority intends to withdrawal, revoke, suspend or amend the approval, it shall, at least within twenty-one-days before the date of its intention, notify the holder of the approval to provide reasons as to why such approval should not be withdrawn, revoked, suspended or amended. (4) The Authority may, by notice in writing, reinstate 22 Petroleum (Natural Gas Midstream and Downstream) General GN. No. 270 (contd.) Power of the Authority to confiscate Declaration an approval that was withdrawn, revoked, suspended or amended if it is satisfied that the reasons for the withdrawal, revocation, suspension or amendment do no longer exist. - 34 Verify source ↗
Subject to the Section 131 of the Act, the
AI-assisted research summary: Subject to Section 131, the Authority may confiscate, deal with, or dispose of relevant natural gas that is imported or in transit contrary to the Act.
34. Subject to the Section 131 of the Act, the Authority may confiscate, deal with or dispose of the relevant natural gas imported or in transit contrary to the provision of the Act. - 35 Verify source ↗
(1) Not later than thirty days prior to the day of
AI-assisted research summary: An approved person must give the Authority advance details of planned natural gas imports, transit, or exports, submit the declaration through NPGIS, and later verify the details after the movement.
35.-(1) Not later than thirty days prior to the day of import, transit or export of natural gas, the approved person shall provide to the Authority details of any natural gas which he intends to import, transit or export. (2) The declaration referred to in subregulation (1), shall be submitted to the Authority through the NPGIS, and shall include the following information: (a) the source or sources of the natural gas; (b) the quantity of natural gas to be imported, exported or transited; (c) the specification and quality of the natural gas; (d) the value of the natural gas; (e) the means and form in which the natural gas will be imported, transited or exported; (f) the identity of the owner, transporter, seller and purchaser (as applicable) of the natural gas; (g) the entry point or exit point of the natural gas; (h) loading or offloading of the natural gas; (i) details of the contract or arrangements under which the imported, transited or exported natural gas has been or will be procured; (j) the anticipated use and destination of the natural gas; and (k) any other information as the Authority may request. (3) Following the import, transit or export of natural gas, the approved person shall, within seven days of such import, transit or export, provide actual verification of details as stipulated under subregulation 2. 23 Petroleum (Natural Gas Midstream and Downstream) General GN. No. 270 (contd.) PART VI RECORDS, REPORTS AND OTHER INFORMATION General obligation as to records Power to obtain information
Part
PART VI
- 38 Verify source ↗
Form of records, reports and accounts
AI-assisted research summary: This section concerns the form of records, reports, and accounts.
38. Form of records, reports and accounts. - 39 Verify source ↗
Duration for keeping records, reports and accounts
AI-assisted research summary: This section concerns how long records, reports, and accounts must be kept.
39. Duration for keeping records, reports and accounts. - 40 Verify source ↗
Obligation against dealing in records and reports
AI-assisted research summary: This section is about an obligation against dealing in records and reports.
40. Obligation against dealing in records and reports. - 42 Verify source ↗
Offences and Penalty
AI-assisted research summary: 42. Offences and Penalty. 2 Petroleum (Natural Gas Midstream and Downstream) General GN. No. 270 (contd.) PART VII MONITORING, INSPECTION AND AUDIT
42. Offences and Penalty. 2 Petroleum (Natural Gas Midstream and Downstream) General GN. No. 270 (contd.) PART VII MONITORING, INSPECTION AND AUDIT - 36 Verify source ↗
Without prejudice to section 124 of the Act, a
AI-assisted research summary: A licensee must keep complete and accurate records and make them available for inspection or audit.
36. Without prejudice to section 124 of the Act, a licensee shall at all times, keep, maintain and make available for inspection or audit, complete and accurate books, records, and maintenance, and any other information or data related to the regulated activity as prescribed in the Rules by the Authority. returns, operation accounts, reports, - 37 Verify source ↗
(1) The Authority may, by written notice, require
AI-assisted research summary: The Authority may, by written notice, require a licensee or any person to provide books, records, reports, accounts, returns, other information, and related documents. It can also require explanations, require a person to say where missing information is, and require non-legible information to be produced in legible form.
37. (1) The Authority may, by written notice, require a licensee or any person to furnish, all books, records, reports, accounts, returns, operation and maintenance, and any other information or data, documents relating to all such matters as may reasonably be required by the Authority to carry out the functions or duties assigned to the Authority by or under the Act or these Regulations, or any other applicable law which are within the knowledge of that person or in his custody or under his control. (2) The power to require a person to furnish any information or document under subregulation (1) includes the power- (a) to require that person, or any person who is or was an officer or employee of his, to provide an explanation of the information or document; (b) where the information or document is not furnished, to require that person to state, to the best of his knowledge and belief, where it is; and (c) where the information is recorded otherwise than in legible form, to require the information to be made available to the Authority in legible form. (3) Any person who fails, without reasonable excuse, required of him by notice under to do anything subregulation (1) commits an offence. Form of records, reports and - 38 Verify source ↗
(1) The Authority may, by notice in writing, give
AI-assisted research summary: The Authority may, by written notice, direct how required records, reports, or accounts must be formatted, and required books, records, reports, and information must be kept at a business location in Mainland Tanzania.
38.-(1) The Authority may, by notice in writing, give the licensee or any other person directions or instructions setting out the form of any record, report or account required 24 Petroleum (Natural Gas Midstream and Downstream) General GN. No. 270 (contd.) accounts by these Regulations. (2) All books, records, reports and any information required to be kept or maintained under the Act, these Regulations or any applicable law shall be kept at a place of business located within Mainland Tanzania. Duration for keeping records, reports and accounts - 39 Verify source ↗
All books, records, reports, accounts or returns
AI-assisted research summary: Records and related documents required by law must be kept for the licence or approval period and for five years after it ends, unless a longer period is prescribed by law.
39. All books, records, reports, accounts or returns and any other information, data or documents which is required to be kept or maintained under the Act, these Regulations or any applicable law, shall be kept or maintained during the validity of the licence or approval, and for a period of five years after the expiration, revocation or cancellation of the licence or approval or further period as may be prescribed by the applicable law. Obligation against dealing records and reports in - 40 Verify source ↗
(1) A person, having been required to keep,
AI-assisted research summary: A person required to keep or produce certain records or information for a regulated activity must not refuse, alter, hide, destroy, delay, disclose, or give false or misleading information.
40.-(1) A person, having been required to keep, maintain or produce books, records, reports, accounts or returns and any other information, data or documents in relation to a regulated activity under the Act, these Regulations or any applicable laws, shall not- (a) intentionally refuse or fail to keep or maintain such books, records, reports, accounts, returns or document; (b) intentionally or recklessly alter, suppress, destroy or otherwise dispose of it, falsify it or conceal it; (c) cause or permit its destruction, disposal, falsification or concealment; or (d) delay, withhold, publish or otherwise disclose in contravention of any any provision of the Act or these Regulations; information (2) A person shall not, intentionally or recklessly, make or furnish, any books, records, reports, accounts, returns or documents or other information that are false or misleading to the Authority. Confident- iality - 41 Verify source ↗
Except in the performance of his functions or
AI-assisted research summary: Certain Authority-related persons must not disclose protected information, unless it is in the performance of their functions or duties, or required by a court or written law.
41. Except in the performance of his functions or duties or when required to do so by any court or under any 25 Petroleum (Natural Gas Midstream and Downstream) General GN. No. 270 (contd.) written law, no person who is or has been a member, an officer, an employee or an agent of the Authority or a member of a committee of the Authority shall disclose any information relating to the affairs of the Authority, licensee or any other person which has been obtained by him in the performance of his functions or duties under the Act, these regulations or any applicable law. Offences and penalty - 42 Verify source ↗
Any person who contravenes the provisions
AI-assisted research summary: Any person who contravenes this part commits an offence and may be fined at least ten million shillings, imprisoned for at least two years, or both, after conviction.
42. Any person who contravenes the provisions under this part commits an offence and upon conviction shall be liable, to a fine of not less than ten million shillings or to imprisonment for a term of not less than two years or to both. PART VII MONITORING, INSPECTION AND AUDIT Monitoring of infrastruct- ure by the licensee
Part
PART VII
- 43 Verify source ↗
Monitoring of infrastructure by the licensee
AI-assisted research summary: Section 43 concerns monitoring of infrastructure by the licensee.
43. Monitoring of infrastructure by the licensee. - 44 Verify source ↗
Monitoring of infrastructure by the Authority
AI-assisted research summary: This section is titled “Monitoring of infrastructure by the Authority.”
44. Monitoring of infrastructure by the Authority. - 45 Verify source ↗
Audit of infrastructure monitoring activity
AI-assisted research summary: This section is titled “Audit of infrastructure monitoring activity.”
45. Audit of infrastructure monitoring activity. - 46 Verify source ↗
Inspection and access to information
AI-assisted research summary: Section 46 is titled “Inspection and access to information.”
46. Inspection and access to information. - 51 Verify source ↗
Remedial measures
AI-assisted research summary: This section is titled “Remedial measures.”
51. Remedial measures. PART VIII MISCELLANEOUS PROVISIONS - 43 Verify source ↗
(1) A licensee or the licensee representative shall
AI-assisted research summary: A licensee or licensee representative must monitor gas infrastructures, and the licensee must file integrity management plans on the stated timelines.
43. (1) A licensee or the licensee representative shall monitor all gas infrastructures that is owned or operated by, or under the management or control of the licensee or any other person in accordance with the laws of Tanzania. (2) For purpose of subregulation (1), within one hundred and twenty days following the grant of licence, or any other period as may be extended by the Authority, a licensee shall prepare and submit an annual infrastructure integrity management plan to the Authority. (3) For each subsequent year, a licensee shall, within ninety days before commencement of each year, submit a reviewed and updated infrastructure integrity management plan. (4) A licensee or the licensee representative shall conduct gas infrastructure tests as may be prescribed by the Authority from time to time. (5) Details of monitoring and testing results under subregulation (1) and (4) shall be accurately kept and 26 Petroleum (Natural Gas Midstream and Downstream) General GN. No. 270 (contd.) maintained. Monitoring of infrastruct- ure by the Authority - 44 Verify source ↗
(1) The Authority shall take any steps as it deems
AI-assisted research summary: The Authority must oversee gas infrastructure compliance by licensees and their representatives and may monitor, review, investigate, and require further information.
44. (1) The Authority shall take any steps as it deems appropriate to ensure that a licensee or the licensee representative who owns, operate, control, or manage gas infrastructure complies with the provisions of the Act or these Regulations to monitoring of gas relation infrastructure. in (2) Notwithstanding subregulation (1), the Authority shall: (a) monitor the implementation of infrastructure integrity management plan; (b) review reports submitted by licensee or the in accordance with representative licensee regulation 37 of these Regulations; (c) undertake or cause to be undertaken specific tests, audits or investigations and submit reports to the Authority; or (d) require the licensee or the licensee representative to submit any further information which may be necessary. of Audit infrastruc- ture monitoring activity - 45 Verify source ↗
(1) The Authority may issue a fourteen day’s
AI-assisted research summary: The Authority may give a 14-day written notice for an audit, and the licensee must cooperate with the audit and provide access to records, infrastructure, and personnel.
45. (1) The Authority may issue a fourteen day’s written notice informing the licensee of an audit to be conducted on infrastructure monitoring activity undertaken by licensee accordance with subregulation (2). the (2) An audit contemplated by a notice given under this regulation shall be conducted by the Authority or any other person appointed by the Authority and at such time as the Authority may prescribe. (3) A licensee to whom a notice is given under subregulation (1) shall: (a) make available to the auditor for inspection and copying any records required by the auditor for the purposes of the audit; (b) make every part of the infrastructure that is in the 27 Petroleum (Natural Gas Midstream and Downstream) General GN. No. 270 (contd.) custody and control of the licensee available for inspection by the auditor; (c) make available for interviewing by the auditor for any having monitoring infrastructure or for preparing any records in respect of the same; and responsibility personnel (d) ensure the co-operation of its employees and other personnel with the conduct of the audit; (4) On completion of the audit exercise, the Authority: (a) shall provide a copy of the audit report to a licensee; (b) shall make the report available for public inspection during normal business hours at the Authority’s office and website; and (c) may order a licensee to take any corrective action to remedy any case of non-compliance noted in the report. acces Inspection and to information - 46 Verify source ↗
(1) The Authority shall have the right of access to
AI-assisted research summary: The Authority may enter and inspect infrastructure and related documents at any time, without notice, and may take extracts, copies, or seize those materials. A licensee being inspected must assist.
46. (1) The Authority shall have the right of access to inspect infrastructure and associated documents at any time with or without notice in any building or premises or gas infrastructure or any other place where the Authority has reason to believe that any information or document in respect of which it has given the notice may be found, and seize or take extracts or copies of any such information or document. (2) The licensee subjected to inspection shall provide assistance to the Authority or any other person appointed by the Authority as may be required in the course of inspection. Powers of the Authority - 47 Verify source ↗
(1) Without prejudice to the powers conferred by
AI-assisted research summary: The Authority can suspend operations, impose penalties and fines, or appoint an administrator if an inspection or investigation finds non-compliance. Inspectors must identify themselves, explain the inspection, act fairly and professionally, avoid discrimination and conflicts of interest, and not use force or abusive language. A licensee must reimburse the Authority’s costs, and an aggrieved person may complain in writing.
47. (1) Without prejudice to the powers conferred by the Act, where any inspection or investigation carried out under these Regulations determines that a licensee fails to comply with requirement of the Act, these Regulations, a condition of a licence, or any applicable laws, the Authority shall have the power to: 28 Petroleum (Natural Gas Midstream and Downstream) General GN. No. 270 (contd.) (a) suspend whole or part of operation of the regulated activity; or (b) impose penalties and fines; and (c) appoint an administrator. (2) The Authority may, while discharging its duties under subregulation (1), seek the assistance of any law enforcement organs. (3) Any and all costs incurred by the Authority in discharging its duties under subregulation (1) are to be reimbursed in full by the licensee responsible for the infrastructure in question. (4) During an inspection, an officer or representative of the Authority shall be required to do the following: (a) identify himself to a licensee with an identity card issued by the Authority; (b) explain to a licensee the purpose of the inspection; (c) conduct himself with fairness, objectivity and integrity; (d) not engage in any form of discrimination, bias or harassment; (e) refrain from taking part in the inspection where they have or may appear to have conflict of interest; (f) carry out the inspection in a professional manner; and (g) not use force or abusive, threatening and insulting language to a licensee. (5) A person aggrieved by an act of the officer or representative of the Authority during an inspection may report the matter in writing to the Authority and the Authority shall take such steps as it deems appropriate as soon as reasonably practicable. 29 Petroleum (Natural Gas Midstream and Downstream) General GN. No. 270 (contd.) Investiga- tion - 48 Verify source ↗
(1) The Authority may on its own motion or in
AI-assisted research summary: The Authority may investigate licensed activity on its own initiative or after a third-party complaint, and may issue a compliance order or penalty if it finds non-compliance.
48. (1) The Authority may on its own motion or in response to a complaint lodged by a third party, initiate an investigation of the construction, use, maintenance, or monitoring of licensed activity to ensure compliance with the Act, these Regulations, condition of a licence, or any applicable law. (2) Where upon investigation the Authority concludes that any licensed activity is not compliant with, or a licensee has not complied with, any requirement of the Act, these Regulations, condition of a licence, or any applicable law, the Authority may issue a compliance order or penalty pursuant to the Act and these Regulations. Report of investiga- tion - 49 Verify source ↗
(1) Following the completion of an investigation
AI-assisted research summary: After an investigation is completed, the Authority must prepare a report of the findings and noted non-compliance, give a copy to the licensee, and make a copy available for public inspection at its office during normal business hours.
49.-(1) Following the completion of an investigation under this part, the Authority shall prepare a report setting out the findings of the investigation and shall include all cases of non-compliance that have been noted. (2) A copy of the report prepared under subregulation (1) shall be provided to the licensee and a copy of the report shall be made available for public inspection during normal business hours at the Authority’s office. Imperson- ation Remedial measures - 50 Verify source ↗
Any person who seeks to obtain entry to any
AI-assisted research summary: A person commits an offence if they try to enter a place where regulated activity is carried out by pretending to be an employee of the Authority or the licensee.
50. Any person who seeks to obtain entry to any place where regulated activity is carried out by a licensee or any other person under the Act or these Regulations, by falsely pretending to be an employee of the Authority or the licensee commits an offence. - 51 Verify source ↗
Upon completion of
AI-assisted research summary: After an inspection, audit, or investigation, the Authority may take compliance enforcement actions, including orders, warnings, suspension notices, shutdowns, and other necessary steps.
51. Upon completion of inspection, audit or investigation, the Authority may: - (a) issue a compliance order; (b) issue an order to restrict the conduct of a regulated activity; (c) issue a warning; (d) order a licensee or licensee representative to remedy any situation; 30 Petroleum (Natural Gas Midstream and Downstream) General GN. No. 270 (contd.) (e) issue a notice for general or partial suspension of operations; (f) shut down the operations; (g) take any other action as may be necessary to ensure compliance of the provisions of the Act, these Regulations or any applicable law. PART VIII MISCELLANEOUS PROVISIONS Prohibited acts against inspectors
Part
PART VIII
- 53 Verify source ↗
Protection of authorised officers from liability
AI-assisted research summary: This section is about protection of authorised officers from liability.
53. Protection of authorised officers from liability. - 55 Verify source ↗
Compounding of offences
AI-assisted research summary: This section is titled “Compounding of offences.”
55. Compounding of offences. 3 Petroleum (Natural Gas Midstream and Downstream) General GN. No. 270 (contd.) THE PETROLEUM ACT (CAP.392) _______ REGULATIONS _______ (Made under sections 258) ________ THE PETROLEUM (NATURAL GAS MIDSTREAM AND DOWNSTREAM) GENERAL REGULATIONS, 2020 PART I PRELIMINARY PROVISIONS Citation Application Interpreta- tion - 52 Verify source ↗
(1) A licensee shall not
AI-assisted research summary: A licensee must not obstruct the Authority, use abusive or threatening language to inspectors or officers, ignore Authority requirements or notices, or refuse to answer questions when required.
52. (1) A licensee shall not: (a) hinder or obstruct the Authority in the exercise of any of the powers conferred upon it under these Regulations; (b) use abusive, threatening or insulting language to the inspector or officer of an employee, Authority; (c) deny or fail to comply with a requirement, directive or notice of the Authority; and (d) when required by the Authority to answer a question, deny or fail to answer such question to the best of his knowledge, information and belief. (2) Any person who contravenes the provision of subregulation (1) of this Regulation commits an offence and shall be liable, on conviction, to a fine of ten million shillings or to imprisonment for a term not less than two (2) years or to both. Protection of authorised officers from liability - 53 Verify source ↗
Any authorised officer or a person acting on the
AI-assisted research summary: An authorised officer, or someone acting on the Minister’s or Authority’s directions, is not personally liable for good-faith acts or omissions while implementing the Act, these Regulations, or any other applicable law.
53. Any authorised officer or a person acting on the directions of the Minister or the Authority shall not be held personally liable for any act or omission done or omitted to be done in good faith during the implementing the Act, these Regulations and any other applicable law. General penalty - 54 Verify source ↗
Any person who commits an offence for which
AI-assisted research summary: A person who commits an offence with no specific penalty in these regulations can be fined, imprisoned for at least two years, or both.
54. Any person who commits an offence for which no specific penalty is prescribed in these regulations shall be liable on conviction to a fine not less than ten million shillings or to imprisonment for a term not less than two 31 Petroleum (Natural Gas Midstream and Downstream) General GN. No. 270 (contd.) years or to both. Compoun ding offences of - 55 Verify source ↗
(1) The Authority may, where it is satisfied that a
AI-assisted research summary: The Authority may compound an offence by accepting up to one hundred million shillings if it is satisfied the person committed the offence.
55. (1) The Authority may, where it is satisfied that a person has committed an offence under these Regulations, compound the offence by accepting from such person a sum of money not exceeding one hundred million shillings. (2) The powers conferred under subregulation (1), shall be exercised when a person admits that he has committed the offence under these Regulations. (3) Subject to the provisions of subregulation (5), where proceedings are brought against a person for an offence under these Regulations, it shall be a good defence if that person proves that the offence with which he is charged has been earlier compounded. these (4) Any sum of money received under Regulations shall be dealt with as if the sum of money were a fine imposed by the court of law for the offence. (5) Where an offence is compounded under the provisions of these Regulations, the court may make an order under Regulation 55, as if the person concerned had been convicted by the Court for that offence. (6) The order shall not be made under subregulation (5) unless the person concerned had first had an opportunity of showing cause against the making of the order. Dodoma MEDARD C.M. KALEMANI, 30TH March, 2020 Minister for Energy 32
Part
PART I
- 1 Verify source ↗
These Regulations may be cited as the Petroleum
AI-assisted research summary: These Regulations may be cited by the stated short title.
1. These Regulations may be cited as the Petroleum (Natural Gas Midstream and Downstream) General Regulations, 2020. - 2 Verify source ↗
These Regulations shall govern the conduct of
AI-assisted research summary: These Regulations govern midstream and downstream natural gas activities in Mainland Tanzania.
2. These Regulations shall govern the conduct of midstream and downstream natural gas activities in Mainland Tanzania. - 3 Verify source ↗
In these regulations, unless the context otherwise
AI-assisted research summary: This section defines key terms used in the regulations.
3. In these regulations, unless the context otherwise requires: Cap. 392 “Act” means the Petroleum Act; “applicable legislation, law” means any principal treaty, convention, proclamation, regulation, rule, order or by- law that is customarily treated in the United Republic of Tanzania as having legally binding force and which is relevant to matters pertaining to the regulation of natural gas activities; “approved person” means a licensee granted approval for import, transit, or export of natural gas by the Authority; Cap. 414 “Authority” means the Energy and Water Utilities Regulatory Authority established under the provisions of the EWURA Act; Cap. 235 “Certifying Authority” means the Contractors Registration Board Cap. 414 “compliance order” means an order issued by the Authority (CRB) established under the CRB Act; 4 Petroleum (Natural Gas Midstream and Downstream) General GN. No. 270 (contd.) section 39 of the EWURA Act; pursuant to “compressed natural gas” or in its acronym “CNG” means petroleum in the form of a mixture of hydrocarbon gases and vapours, consisting principally of methane (CH4) which have been compressed; “CNG facility” means any facility used for compression, storage of CNG and it includes CNG transportation and stations, receiving stations and cylinders, CNG refuelling meters; “CNG Fuel System” means a system approved by the CNG Fuel following consisting of the System Certifiers components: (a) CNG cylinders; (b) CNG cylinders´ fastening devices; (c) manual valves to be installed in cylinders outlets, including their safety systems; (d) high pressure tubing and its fastening device; (e) connector for high pressure tubing; (f) pressure regulator and its fastening device; (g) CNG filling valve and its fastening device; (h) mixer; (i) solenoid valves; (j) fuel selector switch and its electrical connections; (k) pressure gauge; (l) low pressure gas conduit; (m) venting system; and (n) any other component connected to a CNG system to according issued by such other the standards Standards or “CNG cylinder” means a container constructed, inspected and the maintained Tanzania Bureau of relevant authority; “CNG installation workshop” means workshop approved by capable of to be Certifying performing the operations of CNG Fuel System installation, repair, routine maintenance, modification, dismounting or withdrawal of fuel system components. “CNG filling station” means premises on which CNG is technically Authority 5 Petroleum (Natural Gas Midstream and Downstream) General GN. No. 270 (contd.) for use by dispensed “CNG Fuel System Certifiers” means any person responsible for certification of CNG system installation and other fuel system components of CNG-fuelled vehicles. end-users; “CNG Fuel System Inspector” means any person responsible for inspection of cylinder, valves, pressure relief devices (PRDs) including vent system and other fuel system components of CNG-fuelled vehicles. “CNG system” means CNG refuelling station equipment and all components “earthworks” means- thereto used in the refuelling facility; (a) any act of excavating earth, rock, or other material; (b) any act of boring, dredging, jacking, levelling, piling or tunnelling on or under any premises by any mechanical means; or (c) the driving or sinking of any earth rod, casing or tube into the ground; “export” means to take, or cause to be taken, out of Mainland Tanzania by any means natural gas produced in Mainland Tanzania; “facility” means any facility, system or equipment used for transportation, distribution, for a natural gas liquefaction, regasification, connection to end users in respect of which storage, compression and processing, regulated activity is carried out; “natural gas leakage” means a non-expected release of natural gas from a facility or other containment into a living area or area and which could create a hazardous any other situation; “natural gas appliance” means any appliance in which natural gas is consumed as a source of power or heat such as domestic, industrial, or commercial requirements; “natural gas fitting” means any fitting including pipe, valve, meter, regulator or any other device for the control, measurement and use of natural gas; “natural gas installation” mean spiping, fittings and appliances downstream of the point of supply. “natural gas installation” means any installation used to perform particular function in natural gas value chain and includes transportation, compression, storage, distribution or any other related activity. processing, receiving, 6 Petroleum (Natural Gas Midstream and Downstream) General GN. No. 270 (contd.) “natural gas tightness” means the freedom from leak when a gas pipeline network, gas installation or gas fitting is tested at the appropriate test pressure; “hazardous situation” means situation involving natural gas that- (a) endangers the safety or health of a person, or the safety of a person’s property; or (b) creates an eminent risk of significant environmental harm; “import” means to bring or cause to be brought into Mainland Tanzania by any means, natural gas from any place outside Mainland Tanzania; “infrastructure integrity management plan” means the annual prepared by the licensee and approved by the plan to be integrity, operations and Authority which governs the maintenance of infrastructure; “inspector” means an officer of the Authority or an agent appointed by the Authority to perform the functions of inspection as required under the Act and applicable law; “natural gas meter data” means all data collected and transferred from a meter installation, including the meter readings and CNG throughput volume; “standard” means any specification or standards in relation to applied by the Authority and as approved by the natural gas Standards pursuant to the Standards Act, Tanzania Bureau of or any other standards that are widely used the best international petroleum industry practices; “transit” means the activity by which natural gas is brought into Tanzania by any means solely for the purpose of Mainland being taken out of Mainland Tanzania by the same or any other means; “vessel” has the meaning ascribed to it under the Merchant Shipping Act; and “WMA” means the Weights and Measures Agency established for under the Weights and Measures Act. Cap. 130 Cap. 165 Cap. 340 PART II GENERAL PRINCIPLES IN RELATION TO MIDSTREAM AND DOWNSTREAM NATURAL GAS OPERATIONS Function of the Authority
Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.
Ask AI about this statute
The Petroleum (Natural Gas Midstream and Downstream) Regulations, 2020
Sign in to ask AI about this statute
Sign in to start authenticated, citation-grounded statute research.
Sign in