The Petroleum (Wholesale, Storage, Retail and Consumer, Installation Operations) Rules, 2020
This section is titled “Interpretation” and appears in Part II on application for a construction approval.
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- The Petroleum (Wholesale, Storage, Retail and Consumer, Installation Operations) Rules, 2020
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About this statute
This section is titled “Interpretation” and appears in Part II on application for a construction approval. This section concerns applications for construction approval. This section is about the fee for applying for construction approval. This section concerns an obligation to construct a retail outlet in rural areas. This section is titled “Suspension and revocation of construction approval” and appears in Part III on licensing procedures.
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Provisions of The Petroleum (Wholesale, Storage, Retail and Consumer, Installation Operations) Rules, 2020
Showing 166 of 166
- 3 Verify source ↗
Interpretation
AI-assisted research summary: This section is titled “Interpretation” and appears in Part II on application for a construction approval.
3. Interpretation. PART II APPLICATION FOR A CONSTRUCTION APPROVAL
Part
PART II
- 4 Verify source ↗
Application for construction approval
AI-assisted research summary: This section concerns applications for construction approval.
4. Application for construction approval. - 5 Verify source ↗
Construction approval application fee
AI-assisted research summary: This section is about the fee for applying for construction approval.
5. Construction approval application fee. - 7 Verify source ↗
Obligation to construct retail outlet in rural areas
AI-assisted research summary: This section concerns an obligation to construct a retail outlet in rural areas.
7. Obligation to construct retail outlet in rural areas. - 9 Verify source ↗
Suspension and revocation of construction approval
AI-assisted research summary: This section is titled “Suspension and revocation of construction approval” and appears in Part III on licensing procedures.
9. Suspension and revocation of construction approval. PART III LICENSING PROCEDURES - 4 Verify source ↗
(1) A person shall not construct a regulated
AI-assisted research summary: A person may not construct a regulated facility unless they first obtain construction approval from the Authority.
4.–(1) A person shall not construct a regulated facility without seeking and obtaining a construction approval from the Authority in a manner provided herein. (2) Any person who intends to construct a regulated facility shall apply to the Authority for a construction approval by filling in Form No. 1 set out in the First Schedule to these Rules or as otherwise prescribed by the 10 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) Authority. (3) An application made under subrule (2) shall be deemed to be complete if it contains all the required information and supported by proof of payment of the application fee pursuant to rule 5. (4) Any person who constructs a regulated facility without seeking and obtaining a construction approval from the Authority commits an offence and shall, on conviction, twenty million shillings or be imprisonment for a term of not less than three years or to both. to a fine of liable Construction approval application fee
Part
PART III
- 11 Verify source ↗
Power to enter and close facility, building or premises
AI-assisted research summary: This section concerns a power to enter and close a facility, building, or premises.
11. Power to enter and close facility, building or premises. - 12 Verify source ↗
Licensing requirements for petroleum wholesale licence
AI-assisted research summary: This provision is titled “Licensing requirements for petroleum wholesale licence.”
12. Licensing requirements for petroleum wholesale licence. 1 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) - 13 Verify source ↗
Licensing requirements for petroleum retail licence
AI-assisted research summary: This section is titled “Licensing requirements for petroleum retail licence.”
13. Licensing requirements for petroleum retail licence. - 14 Verify source ↗
Licensing requirements for petroleum storage licence
AI-assisted research summary: This section is about licensing requirements for a petroleum storage licence.
14. Licensing requirements for petroleum storage licence. - 15 Verify source ↗
Licensing requirements for petroleum consumer installation
AI-assisted research summary: This section is about licensing requirements for a petroleum consumer installation licence.
15. Licensing requirements for petroleum consumer installation licence. - 21 Verify source ↗
Application for transfer of licence
AI-assisted research summary: This section is about applying for a transfer of a licence.
21. Application for transfer of licence. - 25 Verify source ↗
Suspension or revocation of licence
AI-assisted research summary: This section is titled “Suspension or revocation of licence” and appears in Part IV on the general obligations of a licensee.
25. Suspension or revocation of licence. PART IV GENERAL OBLIGATIONS OF A LICENSEE - 10 Verify source ↗
(1) A person shall not conduct a regulated
AI-assisted research summary: A person must not carry out a regulated activity without a licence from the Authority.
10.-(1) A person shall not conduct a regulated activity without obtaining a licence from the Authority. (2) Any person who contravenes the provisions of subrule (1) commits an offence and shall, on conviction, be liable to a fine of not less than twenty million shillings or imprisonment for a term of not less than two years or to both. 12 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) Power to enter and close facility, building or premises Licensing requirements for petroleum wholesale licence - 11 Verify source ↗
Notwithstanding the penalty prescribed under
AI-assisted research summary: If the Authority finds a breach of rule 10(1), it may enter any building, premises, or facility and close it down, despite the penalty in rule 10(2).
11. Notwithstanding the penalty prescribed under rule 10(2), the Authority shall, in the event it determines that any person has contravened the provisions of rule 10(1) enter upon any building, premises or facility and close it down. - 12 Verify source ↗
(1) A person shall not be issued with a
AI-assisted research summary: A licence applicant must meet specified technical and financial requirements before a licence can be issued.
12.–(1) A person shall not be issued with a the licence unless his application meets wholesale following technical and financial requirements: (a) possession of a storage depot or a five years hospitality agreement with another licensee; (b) submission of Curriculum Vitae of at least two key personnel and proof of their relevant qualifications and experience in petroleum business; and (c) proof of financial capability which is either- (i) an audited financial statement showing annual gross turnover of not less than three billion and six hundred million shillings or equivalent in convertible currency; less (ii) a bank guarantee or a credit facility of than one billion and five not hundred million shillings or equivalent in convertible currency from a bank or financial institution licensed by the Bank of Tanzania; to (iii) a bank statement of not more than three months the date of application showing a credit balance of not less than one billion and five hundred million shillings or equivalent in convertible currency at a bank or financial institution licensed by the Bank of Tanzania to act as such; or (iv) a letter of comfort from a financial institution or a bank licensed by the Bank of Tanzania that confirms that the bank or the financial institution shall 13 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) extend a facility to the applicant for the amount of not less than one billion and five hundred million shillings or equivalent in convertible currency. (2) Notwithstanding the provisions of subrule (1), an applicant may rely on the financial capability of its parent company provided that- (a) such departure shall be approved by the Board of Directors of such parent company; and (b) the applicant shall submit proof of financial capability of the parent company which shall be either- (i) audited financial statements showing annual gross turnover of not less than three billion and six hundred million shillings or equivalent in convertible currency of the past three years; or (ii) a bank statement of not more than three months to the date of application showing a credit balance of not less than three billion and six hundred million shillings or its equivalent in convertible currency. Licensing requirement for petroleum retail licence - 13 Verify source ↗
A person shall not be issued with a retail licence
AI-assisted research summary: A person cannot be issued a retail licence unless the application meets the listed requirements.
13. A person shall not be issued with a retail licence the following licensing unless his application meets requirements: (a) possession of relevant authorisation to the ownership and use of the land approving the development of a retail outlet; (b) building permit, where applicable; and (c) possession of a retail outlet that meets approved specifications. Licensing requirement for petroleum storage licence - 14 Verify source ↗
A person shall not be issued with a petroleum
AI-assisted research summary: A person will not be issued a petroleum storage licence unless the application meets specified licensing requirements.
14. A person shall not be issued with a petroleum storage licence unless his application meets the following licensing requirements: (a) possession of relevant authorization to the ownership and use of the land approving the development of a petroleum bulk storage facility; 14 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) Licensing requirement for petroleum consumer installation licence (b) Environmental Impact Assessment Certificate; (c) possession of a depot that meets approved specifications; and (d) submission of Curriculum Vitae of at least three key personnel with engineering degree and experience in petroleum handling operations. - 15 Verify source ↗
(1) A person eligible to be issued with a
AI-assisted research summary: A person can receive a petroleum consumer installation licence only if the application meets listed requirements; the Authority must also consider nearby petroleum supplies within 5km when deciding.
15. - (1) A person eligible to be issued with a petroleum consumer installation licence shall be any person that undertakes mining operations, industry operations, construction projects, agricultural farm or government projects that require supply of petroleum products and due to the nature of the operations the equipment cannot easily access a petroleum retail outlet. (2) A person shall not be issued with a petroleum consumer installation licence unless his application meets the following licensing requirements: (a) possession of relevant authorisation to the ownership and use of the land; (b) possession of a consumer installation facility that meets approved specifications; and (c) submission of- (i) details of the applicants’ operations and the expected petroleum products requirements per month; (ii) proof that, due to the nature of applicant’s operations or equipment its facilities cannot easily access petroleum retail outlet. (3) The Authority shall, while making a decision to grant or deny a petroleum consumer installation licence, take into consideration existence of supplies of petroleum products within a radius of 5km. Conditional licence - 16 Verify source ↗
The Authority may issue a licence with specific
AI-assisted research summary: The Authority may issue a licence with specific conditions to an applicant who does not meet some licensing requirements, and those conditions must be fulfilled within a prescribed time.
16. The Authority may issue a licence with specific conditions to be fulfilled within a prescribed time to an applicant who fails to meet some of the licensing requirements prescribed under rules 12, 13, 14 and 15 as the case may be. 15 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) Licence application - 17 Verify source ↗
(1) An applicant for a licence shall apply to the
AI-assisted research summary: A licence applicant must apply to the Authority using the required form and include the specified supporting documents and fee.
17.-(1) An applicant for a licence shall apply to the Authority for a licence by filling in the appropriate Form 2A, 2B, 2C or 2D set out in the First Schedule to these Rules or as otherwise prescribed by the Authority. for a (2) An application licence shall be accompanied by a duly signed integrity pledge in form No. 3 set out in the First Schedule to these Rules, tax clearance certificate and a non-refundable application fee to be prescribed by the Authority. Publication of application - 18 Verify source ↗
(1) A licence application received by the
AI-assisted research summary: The Authority must check each licence application for completeness and legality, publish notice in at least two Tanzanian newspapers (one English and one Kiswahili), pay the publication costs, and consider public comments before deciding.
18.-(1) A licence application received by the Authority shall be evaluated to verify its completeness and legality of information contained therein and thereafter a notice of the application shall be published in at least two newspapers of wide circulation in Tanzania, one in English and another in Kiswahili, with a view to soliciting comments and representations on the application. (2) The costs of publication of notices under subrule (1) shall be borne by the Authority. (3) The public shall be invited to submit comments and representations within fourteen days from the date of publication of the comments and representations shall be considered by the Authority in arriving at the decision on the application. the notice and Grant of licence - 19 Verify source ↗
(1) The Authority may, within sixty days from
AI-assisted research summary: The Authority may grant, deny, or send back a licence application within 60 days after a complete application is filed.
19.-(1) The Authority may, within sixty days from the date of complete application and upon consideration of an application for a licence- (a) grant the application and issue a licence; (b) deny the application; or (c) refer back the application to the applicant. (2) The Authority shall, while making a decision to grant or deny a licence, take into consideration- (a) the licensing requirements set out under rules 12, 13, 14 and 15; (b) any objection or representation received from the public pursuant to rule 18; (c) the applicant’s record of compliance with the Act, these Rules and other applicable laws; (d) economic efficiency and benefit to the applicant 16 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) and the public in general; (e) compliance of a facility on matters including- (i) (ii) (iii) (iv) safety; health; security; handling of hazardous substances; and environment; and (f) any other matter relevant to the orderly conduct (v) of a regulated activity in Tanzania. (3) The Authority may deny issuing a licence where it determines that- (a) the applicant does not meet the requirements of subrule (2); (b) the applicant’s activities may not be conducted in accordance with safety, health and environment requirements; or (c) the application has violated the mandatory requirements provided under applicable law and the Act. (4) After issuance of a licence, the applicant shall be notified to come and collect it upon payment of a licence fee. (5) The Authority shall, where it decides to deny an application for a licence, inform the applicant of such decision in writing within fourteen days from the date of decision including the reasons thereof. Duration of licence years. - 20 Verify source ↗
(1) The licence shall be valid for a term of five
AI-assisted research summary: The Authority must revoke a licence if the licensee stops conducting the regulated activity for the specified continuous period, and a revoked licensee cannot get another licence for 12 months.
20.-(1) The licence shall be valid for a term of five (2) The Authority shall revoke a licence of any licensee who fails to conduct the regulated activity for a period of- (a) six consecutive months during the licence term for a licensee whose licence has been issued within a period of one year; and (b) two consecutive months during the licence term for a licensee whose licence has been issued within a period of more than one year. 17 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) Application for transfer of licence (3) Any licensee whose licence has been revoked pursuant to the provisions of subrule (2) shall not be eligible for issuance of another licence for a period of twelve months from the date of revocation. (4) In addition to subrule (3) the Authority may declare a regulated facility whose licence has been revoked pursuant to the provisions of subrule (2) not eligible for issuance of another licence for a period not exceeding twelve months from the date of revocation. - 21 Verify source ↗
(1) No licence shall be assigned or transferred
AI-assisted research summary: A licence cannot be transferred or assigned unless the Authority gives written approval, and an application with the required forms, documents, fee, public notice, and comments process must be completed.
21.-(1) No licence shall be assigned or transferred to another person without a written approval of the Authority. (2) Any transferor or assignor of a licence shall apply to the Authority by filling in Form No. 4 set out in the First Schedule these Rules which shall be accompanied by a non-refundable fee to be prescribed by the Authority. to (3) Notwithstanding the provisions of subrule (1) no application for a transfer or assignment of a licence shall be entertained by the Authority unless the application meets the following requirements: (a) the application form transferee or assignee; is endorsed by the (b) the applicant submits together with the application form- (i) the original copy of a valid EWURA licence in respect of the licensed facility; (ii) certified copy of tax clearance of the transferor in respect of the licensed facility; (iii) lease or sale agreement endorsed by Tanzania Revenue Authority; (iv) company registration documents of the transferee (if any); (v) a signed integrity pledge prescribed under these Rules; and (vi) any other document that will be required at the time of transfer. (c) Notwithstanding the provision of subrule (2), where transfer is initiated by law or court order, 18 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) transferee shall submit documents of the entitlement of the rights to the facility. (4) An application received by the Authority under subrule (2) shall be evaluated to verify its completeness and legality of information contained therein and thereafter a notice of the application shall be published in at least two newspapers of wide circulation in Tanzania, one in English and another in Kiswahili, with a view to soliciting comments and representations on the application. (5) The costs for publication of the notice under subrule (4) shall be borne by the Authority. (6) The public shall be invited to submit comments and representations within fourteen days from the date of publication of the comments and representations shall be considered by the Authority in arriving at the decision on the application. the notice and (7) The Authority shall, after the expiration of the notice in subrule (6), evaluate the application together with comments received, if any, and make a decision whether to grant or deny the application for transfer or assignment as the case may be. - 22 Verify source ↗
(1) A licensee may change its name pursuant to
AI-assisted research summary: A licensee may change its name, but if it does so it must notify the Authority in writing within 30 days and include a certificate of the name change.
22.-(1) A licensee may change its name pursuant to the provisions of these Rules and applicable law. (2) A licensee who has changed its name shall within thirty days after such change notify the Authority in writing, which notice shall be accompanied by a certificate of change of name issued by relevant authority. - 23 Verify source ↗
(1) A change of ownership where a third party
AI-assisted research summary: A change of ownership that makes a third party the majority shareholder of a licensed company needs written approval from the Authority.
23.-(1) A change of ownership where a third party becomes a majority shareholder of a Company in relation to which a licence has been issued shall require the written approval of the Authority. (2) The party seeking approval under subrule (1) shall submit the following documents in support of his application- (a) a duly signed and stamped deed of share transfer; (b) the current shareholding structure approved by Business Registration and Licensing Agency; 19 Change of name Change of shareholding structure Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) (c) a letter of no objection from Tanzania Revenue Authority to carry on the proposed business; (d) a letter of clearance from the Commission; and (e) a duly signed integrity pledge set out as Form No. 3 in the First Schedule to these Rules. (3) The Authority may, before approving the application for change of shareholding structure, consult the Commission and the Tanzania Revenue Authority. - 24 Verify source ↗
(1) A licensee who wishes to renew a licence
AI-assisted research summary: A licensee seeking renewal must apply to the Authority at least three months before expiry and use the required form and documents.
24.-(1) A licensee who wishes to renew a licence shall, not less than three months before expiration of the licence term, apply to the Authority for a renewal of the licence. (2) Application for a renewal of a licence as provided under subrule (1) shall be made by filling in Form No. 5 set out in the First Schedule to these Rules. (3) The application under subrule (2) shall be accompanied by- Application for renewal of licence (a) a tax clearance certificate; and (b) for petroleum a wholesaler, products importation records of the licence due to expire and a valid copy of hospitality agreement (applicable for wholesaler who has no depot in Dar es Salaam, Tanga and Mtwara); and (c) a duly signed integrity pledge set out as Form No. 3 in the First Schedule to these Rules. (4) The Authority shall, while making a decision whether to grant or deny an application for renewal of a licence, consider the applicant’s compliance to the Act, these Rules and terms and conditions of the licence which is due to expire. (5) The Authority shall, in the event it denies an application for renewal of a licence, inform the applicant of such decision in writing, including the reasons thereof. (6) The Authority shall not renew the licence of a licensee who has, during the term of the licence which has expired or is due to expire, failed to comply with the licence terms and conditions, refused to comply with the requirements set out under subrules (3) and (4) or willfully neglected to comply with any order given by the Authority 20 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) and such acts were not remedied by such a licensee up to the time of determining the application. Suspension or revocation of licence - 25 Verify source ↗
(1) A licence may be suspended or revoked by
AI-assisted research summary: The Authority may suspend or revoke a licence for listed misconduct, but must give 21 days’ notice first. A revoked licensee is barred from being licensed again for 12 months. The Authority may also waive suspension or issue a warning/remedial measure in some cases.
25. – (1) A licence may be suspended or revoked by the Authority if a licensee- (a) violates any of the provisions of this Act or conditions attached to the licence which affects the conduct of regulated activity; (b) obtained a licence by fraud or deliberate submission of false information or statements; (c) fails to comply with obligations conferred within the terms stated in the licence, the Act or these Rules; (d) persistently fails to comply with the approved local content plans; (e) interrupts services to other users without authorisation of the Authority; (f) carries on business in a manner that is detrimental to the welfare or interest of other users; (g) violates the tariffs, rates and charges established by the Authority; (h) persistently fails or refuses to submit information to the NPGIS; (i) fails to comply with the applicable health, safety, service, quality or environmental standards, or any other additional standards as may be stated in the licence; or (j) is convicted or found guilty of an offence relating to corruption, money laundering, economic crimes or tax evasion. (2) The Authority shall not suspend or revoke a licence, unless a twenty one days’ notice of intention to suspend or revoke the said licence has been issued to a licensee. (3) The licensee whose licence has been revoked pursuant to subrule (1) shall not be eligible for being licensed by the Authority for a period of twelve months from the date of revocation. (4) Notwithstanding the provisions of subrule (1), 21 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) the Authority may- (a) waive the licence suspension if it is satisfied that a licensee has abstained from the act that caused the suspension and the reason for suspension no longer exists; or (b) upon satisfaction by the explanation given under subrule (2) issue a warning or remedial measure to a licensee as it may deem fit. PART IV GENERAL OBLIGATIONS OF LICENSEES General obligations of licensee
Part
PART IV
- 27 Verify source ↗
Offence for trading between wholesalers
AI-assisted research summary: This section labels trading between wholesalers as an offence.
27. Offence for trading between wholesalers. - 31 Verify source ↗
Maintenance of records, provision and disclosure of
AI-assisted research summary: This section concerns maintaining records and providing or disclosing information.
31. Maintenance of records, provision and disclosure of information. - 32 Verify source ↗
Obligation to provide information to NPGIS
AI-assisted research summary: This provision is titled “Obligation to provide information to NPGIS.”
32. Obligation to provide information to NPGIS. - 34 Verify source ↗
Customer service standards
AI-assisted research summary: Section 34 is titled “Customer service standards” under Part V on environmental protection.
34. Customer service standards. PART V ENVIRONMENTAL PROTECTION - 26 Verify source ↗
(1) A licensee shall at all times
AI-assisted research summary: A licensee must follow the rules, keep required records, report dangerous incidents quickly, give the Authority access, and meet several safety and operating requirements.
26.-(1) A licensee shall at all times- (a) comply with- (i) (ii) (iii) (iv) the Act; these Rules; any applicable law; orders and directions of the Authority; provisions related to local content as provided in the Act and regulations made by the Minister; applicable codes and standards on safety, hazardous substances, security, health and environment; and best international petroleum industry practices practice; (v) (vi) (vii) (b) establish and maintain records pursuant to the applicable law and orders and directions of the Authority; (c) as soon as practicable, but in any case not later than twenty-four hours after the event, notify the Authority of the occurrence of a dangerous situation or incident within a facility; such notification shall comprise of the steps taken or proposed to be taken by a wholesaler to remedy such dangerous situation or incident or to 22 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) eliminate or minimize any danger arising therefrom; (d) provide the Authority with full access to its records, documents, sites and assets pursuant to these Rules and applicable law; (e) ensure the safe disposal of any petroleum product and waste oil; (f) not keep fireworks or any other instruments or products in or near a facility that might pose a risk of fire or otherwise; (g) not decommission or abandon a facility otherwise than pursuant to these Rules and applicable law; (h) ensure that a supervisor is present at a facility at all times, and in his absence any person employed or acting as an agent of a licensee at the duties of a a facility shall perform supervisor; (i) prior to effecting any major replacement or maintenance to a facility or a part thereof, notify the Authority not less than fourteen days prior to or such installation; commencing replacement (j) ensure that storage tanks, flow meters and dispensing pumps are calibrated for correct in good working measurements and are condition approved in specifications and good petroleum industry practices; accordance with (k) pursuant to the written directions of the Authority, monitor, record and reconcile all stocks of a petroleum product delivered to, stored in and dispensed from a facility and retain such records for not less than twelve months and make the same available to the Authority on demand; (l) prepare a weekly stock position of a petroleum product in a facility as shall be specified in writing by the Authority where necessary; (m) promptly notify the Authority of any apparent 23 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) loss or gain of a petroleum product that is outside normal operating patterns; (n) maintain and make available to the Authority on demand documentary evidence demonstrating that all electrical equipment and installations in a facility relevant to the receipt, handling, storage and dispensing of a petroleum product and to areas where inflammable gases or vapours capable of producing explosive or ignitable mixtures may occurs, comply with approved installation procedures in accordance with existing codes or applicable law; specification and (o) print a licence number on all accounting documents employed in its regulated activity, including invoices, delivery notes and receipts; direction, prohibition, (p) not refuse, delay or fail to comply with any order, demand, requirement or notice lawfully made, served, published or otherwise given by the Authority; (q) ensure the quality of petroleum or a petroleum product in its custody is maintained as per TBS specification; (r) ensure that it inspects and cleans its storage tanks at least once in the licence term in accordance with the best petroleum industry practices and submit a report to the Authority; (s) not engage in activities that impede or may impede either proper implementation of the regulated activity or any regulated activity of other licensees; (t) not engage in any activities that disrupt or interfere with competition, including but not limited to, cartel arrangement, creation of artificial shortage of petroleum products, or willful refusal to operate the regulated facility; and (u) as soon as practicable, but in any event not later than thirty days after it becomes aware of the 24 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) fact, notify the Authority- (i) (ii) if it is unable to conduct the regulated activity; or if the conduct of the regulated activity may lead to the breach of any of these Rules or materially affect its operations. (2) Notwithstanding the provisions of subrule (1)- (a) a wholesaler shall- (i) at all times sell a petroleum product only to a installation retailer, consumer licensee or a Government institution; (ii) only procure petroleum products through importation; (iii) at all times when selling petroleum products to a retailer or consumer the installation invoice and delivery note the EWURA licence number and name of the purchasing licensee; licensee indicate in (iv) when selling petroleum products to a Government the institution name of the institution, physical address and the responsible or contact person; and indicate (v) ensure that it invests in retail business and shall do so by constructing at least five retail outlets, two of which shall be constructed in rural areas; (b) a retailer shall, at all times- (i) ensure that the name of its retail outlet is the issued in clearly displayed as licence; (ii) have and maintain a supply agreement prescribed in the Second Schedule to these Rules with at least one wholesaler, which shall not be amended without the approval of the Authority; (iii) ensure it maintains stock of petroleum products for supply to its that 25 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) customers of at least three days; (iv) ensure that it inspects and cleans its storage facilities at least once in the licence term in accordance with good petroleum industry practices; (v) not offload a petroleum product from any vehicle to a retail outlet from 18:00 hours to 06:00 hours unless there is adequate lighting or light at the retail outlet; and (vi) procure a petroleum product only from a wholesaler and establish and maintain records of such procurements pursuant to applicable law, orders and directions of the Authority; (c) a consumer installation licensee shall, at all times- (i) not engage in any sale of a petroleum product; (ii) have and maintain supply agreement with at least one wholesaler; (iii) ensure that no dispensing of a petroleum product is made from a place other than from a dispensing point situated at a consumer installation facility; and (iv) procure a petroleum product from a wholesaler only; and (d) a petroleum storage licensee shall, at all times- (i) maintain and operate the petroleum storage depot pursuant to the applicable best laws, international industry practices; petroleum standards and the (ii) ensure the petroleum products stored at the depot comply with approved specifications; (iii) ensure that it inspects and cleans its storage facilities at least once in the licence term in accordance with the best 26 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) international petroleum industry; (iv) load the petroleum products into a transport unit approved by relevant authority; and (v) inspect the transport unit before loading the unit complies with to ensure approved specifications. Offence for trading between wholesalers Protection of lives and property Compensatio n for loss suffered Cap. 414 - 27 Verify source ↗
(1) A wholesaler shall not sell or buy petroleum
AI-assisted research summary: A wholesaler must not sell or buy petroleum products to or from another wholesaler.
27.-(1) A wholesaler shall not sell or buy petroleum products from or to another wholesaler. (2) Any wholesaler who contravenes the provisions of subrule (1) commits an offence and shall, upon conviction, be liable to a fine of not less than ten million shillings. - 28 Verify source ↗
(1) A licensee shall, while storing, keeping,
AI-assisted research summary: A licensee must take reasonable precautions when handling petroleum products and must dispose of waste petroleum products in a lawful, proper place and manner.
28.-(1) A licensee shall, while storing, keeping, handling, conveying, using or disposing of any petroleum product, take such precautions and exercise such care as may be reasonable under the circumstances in order to- (a) avoid endangering the safety or health of any person, or the safety of any person’s property; and (b) prevent risk of significant environmental harm. (2) A licensee shall dispose of a waste petroleum product in a manner and at a place intended for the safekeeping and dumping of such products in accordance with the applicable laws and good petroleum industry practices. - 29 Verify source ↗
(1) A licensee shall be obliged to compensate
AI-assisted research summary: A licensee must compensate people who lose money because of a regulated activity. The affected person must first complain to the licensee, and if there is no settlement, may take the matter to the Authority.
29.-(1) A licensee shall be obliged to compensate any person who has suffered any loss as a result of the regulated activity. (2) Any person who has suffered loss as a result of a regulated activity shall first lodge a complaint with a licensee whose regulated activity has caused such loss with a view to reaching an amicable settlement. (3) In the event no settlement is reached under subrule (2), the person who has suffered loss may refer the matter to the Authority for decision and the Authority shall deal with such matter as if it is a complaint lodged pursuant 27 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) to the provisions of the EWURA Act. (4) For the purpose of this rule, “person” includes an administrator, executor or executrix of the estate of a deceased person. Procurement of petroleum product GN. No. 198 of 2017 - 30 Verify source ↗
A wholesaler shall not import petroleum
AI-assisted research summary: A wholesaler must not import petroleum product unless the import is carried out through efficient procurement under the Petroleum (Bulk Procurement) Regulations.
30. A wholesaler shall not import petroleum product unless the importation is conducted through efficient procurement pursuant to the provisions of the Petroleum (Bulk Procurement) Regulations. Maintenance of records, provision and disclosure of information Obligation to provide information to NPGIS - 31 Verify source ↗
(1) A licensee shall at all times
AI-assisted research summary: A licensee must keep complete and accurate records and data, and must promptly give the Authority requested documents, records, or information about its regulated activity.
31.-(1) A licensee shall at all times- (a) keep complete and accurate records and data related to its regulated activity; and (b) in accordance with the Authority’s requirements and directions, promptly provide the Authority documents, records or information related to its regulated activity. to (2) Any person who refuses to furnish information or statement as required under subrule (1)(b) or furnishes false information or statement to the Authority commits an offence and shall, upon conviction, 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 both. - 32 Verify source ↗
(1) A wholesaler shall lodge to the NPGIS the
AI-assisted research summary: Wholesalers must submit specified petroleum information to NPGIS, using internet or SMS.
32.-(1) A wholesaler shall lodge to the NPGIS the following information: (a) petroleum products stock levels on daily basis; (b) petroleum supply by type and use, quantity and region on monthly basis; (c) petroleum importation by type, quantity and source on monthly basis; (d) petroleum exportation by type, quantity and destination on monthly basis; and (e) petroleum products in transit by type, quantity and destination on monthly basis. (2) A wholesaler shall lodge the information under subrule (1), either through internet or short message services (sms). (3) Any wholesaler who fails or refuses to provide information to the NPGIS as required by subrule (2) 28 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) Confidential information commits an offence and its licence shall be subject to suspension or revocation pursuant to rule 25. - 33 Verify source ↗
(1) Any information received by the Authority
AI-assisted research summary: The Authority generally treats licensee information as not confidential, and it can control publication if it decides the information is confidential.
33.-(1) Any information received by the Authority from a licensee pursuant to these Rules and applicable law shall be presumed not to be confidential unless stated so by the the Authority shall evaluate such information and inform the licensee accordingly. licensee and (2) A licensee shall not be entitled to withhold information from the Authority on the ground that it is confidential. (3) A licensee may request the Authority not to circulate specific data or information that it has provided to the Authority, provided that, only the Authority shall determine that such information is confidential. (4) The Authority shall limit or prohibit the publication of any information to the public in the event it makes a determination is confidential. information such that Customer service standards - 34 Verify source ↗
Subject to the guidelines issued by the Authority
AI-assisted research summary: Wholesalers and retailers must set up customer service and complaint-handling arrangements, and keep trained staff, subject to guidelines from the Authority.
34. Subject to the guidelines issued by the Authority a wholesaler or retailer shall- (a) establish- (i) a customer service charter; (ii) service quality standards; (iii) performance standards; (iv) procedures complaints; for handling customers (v) programs to inform the public on services related issues; (vi) an office to receive and respond to questions, concerns and complaints related to its business; and (b) maintain trained staff to address customer issues in a timely and transparent manner. PART V ENVIRONMENTAL PROTECTION Compliance
Part
PART V
- 35 Verify source ↗
Compliance with environmental laws and standards
AI-assisted research summary: This section is about compliance with environmental laws and standards.
35. Compliance with environmental laws and standards. - 36 Verify source ↗
Sanctions for violation of environmental laws
AI-assisted research summary: This section is titled “Sanctions for violation of environmental laws.”
36. Sanctions for violation of environmental laws. PART VI HOSPITALITY ARRANGEMENTS - 35 Verify source ↗
(1) A
AI-assisted research summary: A licensee must follow environmental laws and standards for the facility and do environmental impact assessments, pollution-prevention measures, safety compliance, and environmental audits.
35.-(1) A licensee shall comply with the 29 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) with environmenta l laws and standards requirements of all applicable environmental laws and standards related to a facility. (2) Subject to applicable law a licensee shall- (a) carry out an environmental impact assessment before establishing a facility, or making a major improvement to an existing facility; (b) take all necessary preventive measures to avoid pollution resulting from operating its dispensing pumps, transfer pumps, storage tanks or other equipment at the facility; (c) observe strict environmental, health, and industrial safety standards as required by applicable law; and (d) perform an environmental audit related to regulated activity in accordance with applicable law. (3) For the purpose of subrule (2)(a) the term “major improvement” means an improvement that aims at expanding the size of a facility and increasing the number of storage tanks. Sanctions for violation of environmenta l laws Cap. 191 - 36 Verify source ↗
In the event the Authority determines that a
AI-assisted research summary: If the Authority finds that a licensee has broken these Rules or applicable environmental law, it must take appropriate action under the Environmental Management Act and other applicable laws.
36. In the event the Authority determines that a licensee has violated these Rules or any applicable law on matters related to protection of the environment it shall take appropriate actions pursuant the Environmental Management Act and other applicable laws. to provisions of Hospitality arrangement PART VI HOSPITALITY ARRANGEMENTS
Part
PART VI
- 37 Verify source ↗
Hospitality arrangement
AI-assisted research summary: Section heading for a hospitality arrangement within the technical provisions.
37. Hospitality arrangement. 2 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) PART VII TECHNICAL PROVISIONS - 37 Verify source ↗
(1) Any person who intends to undertake
AI-assisted research summary: A person seeking petroleum wholesale business may ask a depot owner for a hospitality arrangement if the depot is licensed. The depot owner must जवाब within 30 days, may refuse if not feasible, and must give written reasons for a refusal.
37.-(1) Any person who intends to undertake petroleum wholesale business may request a depot owner to enter into a hospitality arrangement to use the said depot to conduct a wholesale business, provided that, the said depot is licensed pursuant to the provisions of these Rules. (2) A depot owner shall, within thirty days after receipt of a written request for a hospitality arrangement from any person under subrule (1), notify such person whether it has accepted or denied such request. (3) A depot owner may deny a request for a hospitality arrangement made by any person under subrule 30 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) (2) where the request made is not economically or technically feasible. (4) A depot owner shall, where he denies a request for a hospitality arrangement under subrule (3), give reasons in writing to the applicant. (5) Where any person is aggrieved by the refusal of a depot owner under subrules (3) and (4), he may refer the matter to the Authority for decision. (6) Subject to subrule (7), a licence of a wholesaler who has entered into a hospitality arrangement with a licensee shall not be invalidated by virtue of the suspension or revocation of the licence of such licensee. (7) In the event a depot is closed due to suspension or revocation of a licence, any wholesaler with a hospitality arrangement with a licensee of a closed facility shall be given three months to find another hospitality arrangement, failure of which shall render his licence ineffectual. PART VII TECHNICAL PROVISIONS Compliance with specifications and standards Technical requirements for depot
Part
PART VII
- 38 Verify source ↗
Compliance with specifications and standards
AI-assisted research summary: This section concerns compliance with specifications and standards.
38. Compliance with specifications and standards. - 41 Verify source ↗
Technical requirements of retail outlet
AI-assisted research summary: This provision concerns technical requirements for a retail outlet.
41. Technical requirements of retail outlet. - 43 Verify source ↗
Earth bonding and installation Electronic Fiscal Pump Printer
AI-assisted research summary: This section concerns earth bonding and installation of an Electronic Fiscal Pump Printer (EFPP).
43. Earth bonding and installation Electronic Fiscal Pump Printer (EFPP). - 49 Verify source ↗
Technical requirements of consumer installation facility
AI-assisted research summary: This section is titled “Technical requirements of consumer installation facility.”
49. Technical requirements of consumer installation facility. - 53 Verify source ↗
Site restoration
AI-assisted research summary: This provision is titled “Site restoration” and appears in the compliance and enforcement part of the instrument.
53. Site restoration. PART VIII COMPLIANCE AND ENFORCEMENT - 38
AI-assisted research summary: A licensee and anyone with a construction approval must follow the approved specifications for building a regulated facility and for handling, storing, and composing a petroleum product.
38. A licensee and any person granted a construction approval shall comply with the approved specifications pertaining to the construction of a regulated facility, handling operations, storage and composition of a petroleum product which is consistent with these Rules and applicable law. - 39 Verify source ↗
(1) A depot operator shall establish and
AI-assisted research summary: A depot operator must put in place and maintain core safety systems, training, signage, records, and firefighting equipment for depot operations.
39.-(1) A depot operator shall establish and implement Health, Safety and Environment (HSE) policy, Standard Operating Procedures (SOPs) and Emergency Response Plan (ERP) to ensure safe depot operations. (2) A depot operator shall ensure at all times the depot personnel and visitors at the depot put on proper Personal Protective Equipment (PPE). (3) A depot operator shall ensure that all operational personnel undergo training on all relevant areas such as safety depot procedures, firefighting, first aid etc., and a proof of such equipment maintenance, operations, 31 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) trainings shall, at all times, be available for inspection. (4) A depot operator shall ensure that Material Safety Data Sheet (MSDS) for all products handled at the depot are available at all times. (5) A depot operator shall ensure that HSE audits including electrical installations audits, performance of relief valves, pressure tests for delivery hoses, performance of OWS, medical check-up for depot staffs and audit of firefighting equipment are performed annually, properly documented and are available for inspection. (6) A depot operator shall display a lay out plan of the depot which conforms with as-built facility and equipment at conspicuous place near the entrance gate. (7) A depot operator shall ensure that at all times emergency contact numbers of fire and rescue services providers, ambulance, police or manager or owner are recorded and clearly displayed near every telephone, control centers and by the gate. (8) A depot operator shall display adequate safety warnings, symbolic and written in both Kiswahili and English, throughout the depot which include no smoking, no mobile phones, no lighters, no fire arms, no knifes or sharp objects, speed limit and high risk zones. (9) A depot operator shall ensure that tanks are properly information or data including earth resistance, dates of installation, capacities, product contained, maintenance and performed checks. labeled with necessary (10) A depot operator shall ensure that there are adequate means of protection against falls that may be caused by tripping or slipping during loading of road tankers or wagons are always available. (11) A depot operator shall ensure at all times there are adequate and operational firefighting system that includes fire water supply, mechanical fire pump, manual fire alarm, jokey pump, foam system, adequate sand bins and fire extinguishers of appropriate types and sizes, adequate stand pipes with fire hoses and nozzles and water showering rings at storage tanks (sprinkler system) and filling gantry. 32 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) Colour codes for depot tanks - 40 Verify source ↗
A depot operator shall ensure that all the
AI-assisted research summary: A depot operator must make sure depot pipelines are color-coded in the specified colors for each pipeline type.
40. A depot operator shall ensure that all the pipelines at the depot are properly colour coded as follows: (a) Gasoline pipeline – Silver and Red Strips (b) Automotive Gas Oil pipeline – Grey and Yellow Strips (c) Kerosene pipeline – Blue Strips (d) Jet A1 pipeline – White and Black Strips (Zebra) (e) Aviation Gasoline (AVGas) pipeline – White (f) Industrial Diesel Oil (IDO) pipeline – Black and Grey strips (g) Furnace Oil pipeline – Black (h) Fire Hydrant pipeline – Red (i) Foam pipeline – Yellow. Technical requirements for retail outlet - 41 Verify source ↗
(1) A retailer shall, in order to facilitate
AI-assisted research summary: A retailer must colour-code tank manhole covers and slabs and design the retail forecourt for safe, rapid customer movement and access to added facilities.
41.–(1) A retailer shall, in order to facilitate identification, especially during product deliveries into underground storage tanks, ensure that tanks manhole covers and slabs have the following colour coding- - - - (a) Gasoline (b) Kerosene (c) Automotive Gas Oil Red Blue Yellow (2) A retailer shall ensure that the forecourt of a retail outlet is carefully designed to enable a customer to get on and off the refueling area safely and rapidly, and to use add-on facilities such as convenience shops, lube or wash bay, vulcanizing center, tyre alignment, air, water and balancing facilities. Location of dispensing pumps - 42 Verify source ↗
(1) A retailer shall ensure that all dispensing
AI-assisted research summary: A retailer must place dispensing pumps so they are visible, accessible, and monitored as required, and must use specified surface materials for forecourts, driveways, and fueling/offloading areas.
42.–(1) A retailer shall ensure that all dispensing pumps at a retail outlet are properly located to allow- (a) full visibility of dispensing pumps to approaching customer; (b) full visibility of dispensing pumps from the supervisor’s office for security as well as overall control, and where this cannot be achieved due to design constraints Closed Circuit Television (CCTV) shall be used; and (c) easy access to pumps and avoid tight turning 33 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) Earth bonding and installation of Electronic Fiscal Pump Printer (EFPP) Maintenance of oil interceptors Building designs and canopies circles or the need for maneuvering to approach refueling positions. (2) A retailer shall ensure that- (a) the forecourt or drive ways of a retail outlet are constructed using concrete, pavement blocks or asphalt with a provision made for a level bay to allow for accurate measurements of received petroleum products; and (b) fueling and offloading areas of a retail outlet are constructed out of hard surface or concrete to protect the soil from oil spills. - 43 Verify source ↗
A retailer shall ensure it installs and maintains
AI-assisted research summary: A retailer must install and maintain an offloading area with an earth bonding wire and dispensing pumps with an Electronic Fiscal Pump Printer (EFPP), as required by applicable law.
43. A retailer shall ensure it installs and maintains- (a) the offloading area with earth bonding wire; and (b) the dispensing pumps with Electronic Fiscal Pump Printer (EFPP) as required by the applicable law. - 44 Verify source ↗
(1) A retailer shall always ensure that a retail
AI-assisted research summary: A retailer must make sure a retail outlet has oil interceptors, the drainage/fueling area is connected to them, and effluent hydrocarbon content stays at or below 10 ppm.
44.–(1) A retailer shall always ensure that a retail outlet has oil interceptors. (2) Fueling area and discharge for the drainage system shall be connected to the retail outlet oil interceptor. (3) A retailer shall ensure that the hydrocarbon content in effluent from the oil interceptor does not exceed 10 parts per million (ppm). - 45 Verify source ↗
(1) A retailer shall ensure that all buildings at a
AI-assisted research summary: Retailers must ensure retail outlet buildings, canopies, lighting, and standby generators meet specified safety and security requirements.
45.–(1) A retailer shall ensure that all buildings at a retail outlet are designed and constructed to allow safe cash handling system, drop safes, nighttime pay windows and are fitted with adequate number of security cameras at areas with high security risks. (2) A retailer shall ensure that canopies at the retail outlet are constructed using non-combustible materials and are above hazardous areas related to dispensing equipment and have a minimum height of five meters from forecourt finish level. (3) A retailer shall ensure that illumination provided at a retail outlet is good enough to allow clear visibility for operation and security purposes at night. (4) A retailer shall ensure that every luminary 34 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) Electrical standby generator installed at a retail outlet is suitably explosion protected. - 46 Verify source ↗
(1) A stand-by electrical power generator with
AI-assisted research summary: Retailers must make sure emergency switches are installed on all sites so power can be cut to dispensing pumps during emergencies like oil spills or fires.
46.-(1) A stand-by electrical power generator with capacity matching the retail outlet’s electrical power requirements shall be installed to provide power to cover operations, security and lighting in cases of power outages or black-outs. (2) A retailer shall ensure that an emergency switch is installed on all sites to cut-off power supply to all dispensing pumps in case of emergency situation including oil spill and fire. Petroleum price billboards - 47 Verify source ↗
(1) A petroleum price billboard shall be erected
AI-assisted research summary: A petroleum price billboard must be erected conspicuously at a retail outlet, either as a free-standing structure or as part of the prime sign.
47.-(1) A petroleum price billboard shall be erected conspicuously at a retail outlet as a free-standing structure or as part of the prime sign with the minimum dimensions of- (a) length - (b) breadth - (c) thickness - (2) The base of the billboard shall not be less than - 3 Verify source ↗
0 meters high from ground level
AI-assisted research summary: Retail outlets must display petroleum product prices on the billboard, including each product’s unit price in shillings per litre.
3.0 meters high from ground level. (3) The prices of all petroleum products on offer for sale at a retail outlet shall be displayed on the billboard and the unit price of each petroleum product shall appear in shillings per litres. (4) The nature of the billboard may include neon or electronic messaging, provided the prices are clearly legible to all motorists approaching a retail outlet from a minimum distance of fifty meters. Warning signs - 48 Verify source ↗
(1) Warning notices and pictograms shall be
AI-assisted research summary: Facilities must display warning notices and pictograms, and retailers must include specified details on underground tank identification.
48.-(1) Warning notices and pictograms shall be boldly displayed at a regulated facility to communicate to customers, visitors and attendants the following: (a) Petroleum Motor Spirit, Highly Inflammable; (b) No Smoking; (c) No Naked Fire; (d) Switch Off Engine; (e) Switch Off Mobile Phones; and (f) No Firearms within eight metres from dispensing and offloading area. 35 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) (2) The notices and pictograms described in subrule (1) shall be written in both Kiswahili and English, be installed in the vicinity of a dispensing pump, underground tanks, filling points and vent pipes and shall be conspicuous from a distance of three to five meters. (3) A retailer shall ensure that an underground tank’s identification includes the following: (a) tank number; (b) maximum working capacity; (c) product grade; and (d) colour code. Technical requirements for consumer installation facility Fire precaution - 49 Verify source ↗
(1) A consumer with above-ground storage
AI-assisted research summary: Consumers with above-ground or underground storage facilities must observe the technical requirements stated for them.
49.-(1) A consumer with above-ground storage facility shall observe the technical requirements of a depot operator. (2) A consumer with underground storage facility shall observe the technical requirements of a retailer. - 50 Verify source ↗
(1) A licensee shall
AI-assisted research summary: A licensee must prevent fire and explosion risks at a facility, provide and maintain fire-fighting equipment, post signs where petroleum products are handled or stored, and keep a fire emergency plan.
50.-(1) A licensee shall- (a) ensure that all buildings, roads, structures and plants used in connection with a facility are designed, and maintained- (i) constructed, equipped (ii) in such a way as to prevent fires and explosions; so as to minimize the harmful effects of fires or explosions if they occur; (b) ensure that personnel involved in the handling and dispensing of a petroleum product exercise take precautions in respect of anything that may cause fire or an explosion, and that such personnel follow applicable law on matters related to fire and explosions; and (c) clearly indicate by a sign a place at a facility where a petroleum product is handled or stored. (2) A licensee shall make reasonable efforts to ensure that no person throws, leaves or creates any open or naked light, spark or flame or any burning or smoldering material on a facility. 36 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) (3) A licensee shall ensure that no person- (a) keeps an engine running while a petroleum product is being loaded into a vehicle; and (b) receives or makes calls from a cellular electronic telephone communication apparatus within a regulated facility except in places specifically designated for such activity. other any or (4) A licensee shall take adequate precautions to prevent the outbreak of fire when storing, keeping, handling, conveying, using or disposing of a petroleum product. (5) A licensee shall provide adequate fire extinguishing equipment and maintain such equipment in good working condition in accordance with these Rules, applicable laws, standards and directions issued by the Authority. (6) A licensee shall- (a) position the equipment described in subrule (5) in accessible places at a facility; and (b) in any event, not less than once a year, test the in equipment described accordance with the applicable law. subrule (5) in (7) A licensee shall establish a fire emergency plan to be employed in the event of a fire at a facility that shall- (a) include a suitable and adequate fire-fighting plan that comprises- (i) (ii) the locations and types of all fire- fighting equipment; and an action plan that identifies, inter alia, assembly points and the tasks of all employees; (b) include provisions for the training of employees to deal with a fire emergency situation, the records of which shall be preserved; (c) be provided to employees employed in or on the relevant premises; and (d) be made available to the Authority on request. 37 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) Control of petroleum product spill Cap. 191 - 51 Verify source ↗
(1) A licensee shall, in the event of a petroleum
AI-assisted research summary: If a petroleum product spill occurs, the licensee must notify the Authority within 24 hours and take all necessary cleanup steps.
51.-(1) A licensee shall, in the event of a petroleum product spill- (a) as soon as practicable and in any event not more than twenty four hours after the occurrence of such spill, inform the Authority about such spill; and (b) take all necessary steps pursuant the provisions of the Environmental Management Act and best international petroleum industry practices or otherwise as may be necessary to clean up such spill. to (2) The Authority may, where a licensee fails to comply with subrule (1) (b) within the period of time specified by the Authority, order by a written notice such a licensee to take such steps as the Authority may require in order to clean up a petroleum product spill at its own cost. (3) Any licensee who fails to comply with an order of the Authority issued under subrule (2) commits an offence and shall, on conviction, 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. (4) Without prejudice to the provisions of subrules (1), (2) and (3), any person who is affected by any spill of a petroleum product and seeks redress, shall first lodge a complaint with a licensee that has caused such spill with a view to reaching an amicable settlement. (5) Where no settlement is reached under subrule (4), the person who is affected by the spill may lodge a complaint to the Authority for compensation from the licensee who is responsible for the spill, and the Authority shall deal with such complaint in accordance with the provisions of Part VI of the EWURA Act. Cap. 414 Decommissio ning procedure - 52 Verify source ↗
(1) A regulated facility may, subject to the
AI-assisted research summary: A regulated facility may be decommissioned, but the licensee or owner must submit an approved decommissioning plan, pay a decommissioning fund, and give notice before decommissioning.
52.-(1) A regulated facility may, subject to the provisions of the Act and these Rules, be decommissioned- (a) after receipt of a written application for a decommissioning from a licensee; (b) by an order of the Authority where it is satisfied that such facility has been abandoned by its licensee for a period of not less than three 38 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) months; or (c) by an order of the Authority that the same be decommissioned where is satisfied that the continued operation of such facility poses or may pose a danger to lives and property. the Authority (2) A licensee or the owner of a facility shall, at the earliest four years, but at the latest two years before the time when the use of a facility is expected to be terminated permanently, submit to the Authority for approval a decommissioning plan substantiating the following- (a) associated costs; and (b) the intended methods decommissioning. to be used during (3) The Authority shall, within forty five days from the date of receipt of the plan submitted in subrule (2) approve with such conditions as it may deem fit. (4) The licensee or owner as the case may be shall, within two years from the date of effective operation, pay a decommissioning fund to the Authority and the same shall be kept in trust by the Authority for the purpose substantiated in subrule (1). (5) The fund under sub rule (4) shall be prescribed by the Authority as per the bill of quantity and any prevailing condition as the Authority considers necessary. (6) A licensee seeking to decommission a facility shall notify the Authority not less than thirty days prior to such decommissioning in order to enable the Authority make necessary inspections and to issue the necessary approvals. subrule (7) Notwithstanding the decommissioning cost exceeds the fund in trust of the Authority, a licensee shall pay all the extra costs associated with the decommissioning of a facility, whether such decommissioning has been done following a request by the licensee or by order of the Authority. (4), if (8) The licensee or owner as the case may be, shall in form of be updating techniques and methods prevailing at a particular time. the decommissioning plan 39 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) Site restoration - 53 Verify source ↗
(1) The Authority shall, after confirming that
AI-assisted research summary: The Authority must issue a certificate of compliance to a licensee after confirming the area has been restored, and it must consult the Council before doing so.
53.–(1) The Authority shall, after confirming that the area where a regulated facility has been constructed has been restored to its original state by a licensee, issue a certificate of compliance to such licensee. (2) For the purposes of subrule (1), “restore” means to- (a) return the area on which a facility is located to its original and natural state as it was prior to the installation of such facility; or (b) render the area in which facility is located, or part thereof, compatible with its intended after- use, including- (i) removing buildings, structures, plant and debris; establishing compatible contours and drainage; replacing top soil, re-vegetation, slope stabilization; and infilling excavations. (ii) (iii) (iv) Inspection of facility Cap. 392 Cap. 414 (3) The Authority shall, before issuing a certificate of compliance under subrule (1), consult the Council. PART VIII COMPLIANCE AND ENFORCEMENT
Part
PART VIII
- 57 Verify source ↗
Power to enter and close facility, building or premises
AI-assisted research summary: This section is titled as a power to enter and close a facility, building, or premises.
57. Power to enter and close facility, building or premises. - 58 Verify source ↗
Penalties for tampering, cutting seals and tapes or removing
AI-assisted research summary: This section is titled as dealing with penalties for tampering, cutting seals and tapes, or removing signage from a regulated facility.
58. Penalties for tampering, cutting seals and tapes or removing signage to regulated facility. - 59 Verify source ↗
Obligations of inspectors during inspections
AI-assisted research summary: This section concerns inspectors’ obligations during inspections.
59. Obligations of inspectors during inspections. - 60 Verify source ↗
Prohibited acts against inspectors
AI-assisted research summary: Section heading: Prohibited acts against inspectors.
60. Prohibited acts against inspectors. PART IX GENERAL PROVISIONS - 54 Verify source ↗
(1) The Authority may inspect any regulated
AI-assisted research summary: The Authority may inspect regulated places and items to check compliance, and operators must help inspectors during the inspection.
54.-(1) The Authority may inspect any regulated facility, premises, vehicle, equipment, document or vessel with a view to checking on the compliance therein with the provisions of the Act, the EWURA Act or these Rules. (2) The Authority shall have the right of access to inspect a regulated facility, premises, vehicle, vessel, equipment and documents, and an operator shall render such assistance to an inspector as may be required in the course of such inspection. (3) During inspection an inspector may- (a) take samples of any substance or articles stored in any regulated facility, premises, vessel or vehicle; (b) make copies or take extracts from any book, accounts or records kept on a regulated facility, 40 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) Notification of offence Cap. 414 GN. No. 397 of 2020 GN. No. 397 of 2020 premises, vessel or vehicle; (c) inspect machinery, equipment, appliances, meters, fittings and apparatus; and (d) inspect any vehicle or vessel that is found at a regulated facility or any premise. - 55 Verify source ↗
(1) At the conclusion of an inspection and
AI-assisted research summary: After an inspection, a person found in violation must complete Form No. 6 and either admit the offence or dispute it; if admitted, the person must pay the prescribed fine, and if disputed, the person may be charged criminally.
55.-(1) At the conclusion of an inspection and where it is found that there is violation of the provisions of the person the Act, EWURA Act or 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: these Rules, (a) where he disputes the offence, fill in Part A of the form; or (b) where he admits the offence, fill in Part B form. (2) Where the person found in violation of the law admits the offence, such person shall be required to pay the prescribed fine in accordance with the provisions of the Energy and Water Utilities Regulatory Authority (Compounding of Offence) Regulations, 2020. (3) Where the person found in violation of the law disputes the offence 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 for the closure or apply to a court of competent jurisdiction for 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 subrule (4), an inspector who has decided to close a facility or to obtain an order to impound a transport unit, shall note down the reasons which have compelled him to take such decision including all the available evidences. 41 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) Issuance of compliance order Cap. 414 Power to enter and close facility, building or premises Penalties for tampering, cutting seals and tapes or removing signage to regulated facility inspector Obligations of during inspection - 56 Verify source ↗
The Authority may, where it is satisfied that a
AI-assisted research summary: The Authority may issue a compliance order to the person responsible for a violation if it is satisfied that a person has committed, may commit, or has violated an offence-related provision.
56. The Authority may, where it is satisfied that a person has committed an offence or is likely to commit an offence or violated the provisions of the Act, the EWURA Act or the provisions of these Rules, issue a compliance order to the person responsible for such violation. - 57 Verify source ↗
(1) Notwithstanding any provision under these
AI-assisted research summary: An inspector must enter and may seal or impound a regulated facility, building, premises, or transport unit if the inspector determines a regulated activity is being carried out in breach of the Rules.
57.–(1) Notwithstanding any provision under these Rules an inspector shall have the right and obligation to enter upon any regulated facility, building or premises or transport unit and close it down by putting a seal or impound it as the case may be where he determines that a regulated activity or regulated activity is being conducted therein in contravention of these Rules. (2) An inspector may, while discharging his obligations under subrule (1), seek the assistance of law enforcement institutions including the police and such institution shall provide the requested assistance to the inspector. - 58 Verify source ↗
Any person who
AI-assisted research summary: Any person must not tamper with or cut a seal or yellow tape, or remove signage, that the Authority has affixed at a regulated facility.
58. Any person who- (a) (b) tampers with or cuts a seal or a yellow tape affixed by the Authority at a regulated facility; or removes any signage affixed by Authority at a regulated facility, commits an offence and shall, on conviction, be liable to a fine of not less than ten million Tanzania shillings or imprisonment for a term not exceeding two years, or to both. the - 59 Verify source ↗
(1) During inspection an inspector shall to do
AI-assisted research summary: An inspector must identify themselves, explain the inspection, act fairly and professionally, avoid discrimination, conflicts of interest, force, and abusive language, and grievances may be reported in writing to the Authority within 14 days.
59.-(1) During inspection an inspector shall to do the following: (a) identify himself to a licensee or customer with identity card issued by the Authority; (b) explain to a licensee or customer the purpose of the inspection; (c) conduct himself with fairness, objectivity and integrity; (d) not engage in any form of discrimination, bias 42 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) or harassment; (e) refrain from taking part in duty where they have or may appear to have conflict of interest; (f) carry out inspection in a professional manner in accordance with the requirements of these Rules, codes, guidelines, inspection checklist, standards, best international petroleum industry practices; and (g) not use force or abusive, threatening and insulting language to a licensee or operator. (2) Any inspector who contravenes the provision of subrule (1) shall be dealt with in accordance with the Authority’s procedures. applicable laws and Prohibited acts against inspectors (3) Any person aggrieved by an act of an inspector during inspection may, within fourteen days from the date of the act, report the matter in writing to the Authority. - 60 Verify source ↗
(1) A licensee shall not
AI-assisted research summary: A licensee must not obstruct or abuse the Authority, ignore its notices or directions, or refuse to answer its questions when required.
60. - (1) A licensee shall not- (a) hinder or obstruct the Authority in the exercise of any of the powers conferred upon it under these Rules; (b) use abusive, threatening or insulting language to an employee or agent of the Authority; (c) deny or fail to comply with a requirement, direction 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 subrule (1) commits an offence and shall, on conviction, be liable to a fine of ten million Tanzania shillings or to imprisonment for a term of not less than two years or to both. PART X GENERAL PROVISIONS Existing wholesaler
Part
PART IX
- 63 Verify source ↗
Appeal
AI-assisted research summary: Section 63 is titled “Appeal.”
63. Appeal. 3 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) - 65 Verify source ↗
Authority to supplement procedures as needed
AI-assisted research summary: This provision appears to concern authority to supplement procedures as needed, but the source text does not provide the operative rule.
65. Authority to supplement procedures as needed. _______ SCHEDULE _______ 4 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) THE PETROLEUM ACT, (CAP. 392) _____ RULES _____ (Made under section 259(1)) ______ HE PETROLEUM (WHOLESALE, STORAGE, RETAIL AND CONSUMER INSTALLATION OPERATIONS) RULES, 2020 PART I PRELIMINARY PROVISIONS Citation Application
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 (Wholesale, Storage, Retail and Consumer Installation Operations) Rules, 2020.
1. These Rules may be cited as the Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) Rules, 2020. - 2 Verify source ↗
These Rules shall regulate the activities related to
AI-assisted research summary: These Rules govern petroleum wholesale, storage, retail operations, consumer installation operations, and related matters in Mainland Tanzania, but they do not apply to petroleum retail business in townships and villages.
2. These Rules shall regulate the activities related to petroleum wholesale business, petroleum storage business, petroleum retail operations business, petroleum consumer installation operations and related matters in Mainland Tanzania but shall not apply to petroleum retail business in townships and villages. Interpretation - 3 Verify source ↗
In these Rules, unless the context otherwise
AI-assisted research summary: This section defines key terms used in the Rules, including the Authority, licence, regulated activity, bulk quantity, incident, and supervisor.
3. In these Rules, unless the context otherwise Cap. 392 requires- “Act” means the Petroleum Act; “applicable law” means any principal legislation, treaty, convention, proclamation, regulation, rule, order or by- treated in Tanzania as having law that is customarily legally binding force and which is to matters relevant regulation of petroleum storage pertaining business, wholesale business, retail business and the to installation operations; consumer “approved specification” means any specification or petroleum product applied by standard in relation to a 5 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) Cap. 130 Cap. 414 Cap. 285 the Authority and as approved by the Bureau of Standards pursuant to the Standards Act, or any other standards that are widely used for best Tanzania international petroleum “Authority” means Regulatory Authority established under the EWURA Act; the Energy and Water Utilities industry practices; “best international petroleum industry practices” means accordance with the most up to date practises in generally accepted in international standards that are the international petroleum industry for the conduct of petroleum activities taking into account the relevant safety, economic, technological and environmental of the the the provisions aspects; “bulk quantity” means a single lot of not less than five hundred metric tonnes of a petroleum product; “Commission” means the Fair Competition Commission established under Fair Competition Act; “complaint” means a written or oral statement comprising matter or act complained of, related of the facts of a to a licensed activity, that invokes the regulatory power or jurisdiction of the Authority, and specifying relief sought; “complainant” means a person that has filed a complaint with the Authority the Authority; “consumer installation facility” means a petroleum product handling facility operated or to be operated by a consumer for own use purposes; “consumer installation licence” means a licence issued by to operate a the Authority authorizing a consumer consumer installation facility; “consumer installation licensee” means the holder of a consumer installation licence; “consumer installation operations” means any activity consumer installation facility necessary to operate a and includes all activities in respect of facility and any activity reasonably required in connection with storage and obtaining, handling, possession, to rules made by pursuant such 6 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) Cap. 414 Cap. 191 Cap. 414 petroleum product for own use at dispensing of a such facility; “compliance order” means an order issued by the Authority pursuant to section 39 of the EWURA Act; “Council” means the National Environmental Management Council established under the the Environmental Management Act; “dangerous situation” means a situation petroleum product that- involving a provisions of (a) endangers the safety or health of a person, or the safety of a person’s property; or (b) creates an immediate risk of significant environmental harm; “depot” means a petroleum storage facility that has been constructed and meet the approved specification in respect of which wholesale business or petroleum storage business is carried out and it includes storage tanks, pipelines, pump house, loading gantry and buildings, firefighting systems; “depot operator” means a person licensed to operate a depot; “EWURA Act” means the Energy and Water Utilities Regulatory Authority Act; “incident” means- (a) an event that involves a leakage of a petroleum product from a storage facility; (b) a spill of a petroleum product as a result of dispensing or offloading activities provided that, such spillage is not less than 200 litres; (c) death or personal injury occurring as a consequence of an action that is related to a regulated activity; (d) a fire or an event incidental thereto that results from an action that is related to a regulated activity; (e) an event that results in an emergency shutdown of a facility; and (f) any other significant event that may adversely affect the conduct of a regulated activity; “inspector” means an officer or agent of the Authority 7 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) regulated activity; Authority to perform inspection as appointed by the required under the Act and applicable law; “licence” means an authorization issued by the Authority to undertake a “licensee” means the holder of a licence; “licence fee” means a fee payable by a licensee as shall be prescribed by the “local content” means the quantum of composite value added to,or created in the economy of Tanzania through deliberate utilization of Tanzanian human and material resources and services in the petroleum in order to stimulate the development of capabilities of Tanzanians and to encourage local investment and Authority from time to time; operations Cap. 392 participation; “Minister” means the minister responsible for petroleum affairs; “Notification of Offence” means the notification prescribed in rule 56(1); “NPGIS” means the National Petroleum and Gas Information System established under section 124 of the Act; “operator” means a person regulated activity; “petroleum” means petroleum crude and any liquid or gas petroleum crude, coal, schist, shale, tree, made from peat or any produce of petroleum crude and includes condensate; “petroleum product” means an organic compound, pure or refining or blended, which is processing of petroleum crude oils, bio- or synthetic fuels and includes- to undertake a licensed derived fuels, from the (a) (b) (c) asphalts, bitumen, petroleum coke and other residual product; bunkers or heavy residual fuel oils for combustion engines or industrial heat processes, such as burners for boilers or heating furnaces; commercial gases which include methane, ethane, propane, butane and other similar petroleum gases, biogas or mixture of these 8 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) (d) (e) (f) (g) (h) (i) similar oils gases, whether in gaseous or liquefied state; gasoil or automotive diesel, biodiesel, industrial marine diesels or synthetic diesel; gasoline, bio-naphtha or a bio-ethanol product; kerosene or other illumination or combustion applications; lubricating oils, base oil or refined and blended finished oil; turbo fuels for jet propulsion engines; and other product or by-products of petroleum crude processing having a flash point lower than 120 degrees Celsius, and determined in a Pensky-Martens Closed Cup (PMCC) test apparatus; for or retail business structure “petroleum product spill” means the discharge of a less than two hundred litres petroleum product of not onto or into any land or water, or any or thing; “regulated activity” means wholesale business, petroleum consumer storage business, installation operations; “regulated facility” means a depot or storage facility, consumer installation facility or a retail outlet; “retail outlet” means a facility that has been constructed the and meet approved specification buildings, storage tanks and dispensing in respect of which a retailer is conducting retail business; “retail business” means the sale or offer for sale of a petroleum product at a “retailer” means a person licensed to operate a retail outlet; “rural area” means a peri urban area or villages; “storage business” means to receiving, storing and loading of a petroleum product in bulk quantity at a depot including arrangements; “supervisor” means the operator or other person responsible for the management and monitoring of a facility and is deemed to be authorised to- the operations related includes pumps retail outlet; hospitality and (a) grant an inspector access to a facility, answer 9 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) the taking of their questions and witness samples and the carrying out of inspections; and (b) identify physical defects and operational deficiencies within the facility and, as required, take decisions related to the suitability of such facility for use; Cap. 399 Cap. 287 Cap. 285 the the Local Government township authority (District “Tanzania Revenue Authority” means revenue authority established under the provisions of the Tanzania Revenue Authority Act; “township” means the area of jurisdiction of a township authority; “township authority” means a established under Authorities) Act; “transport unit” means any car, machinery, ship, truck, railway wagon, barge or other means of transporting a petroleum product; “Tribunal” means the Fair Competition Tribunal established under the provisions of the Fair Competition Act; “village” means a village registered under the Local Government (District Authorities) Act; “wholesaler” means a person importation of a for the purpose of wholesale business; and “wholesale business” means the importation of petroleum quantity and selling of petroleum product in bulk and products to licensed retailers and includes transit trade in petroleum products. to undertake petroleum product in bulk quantity consumers licensed PART II APPLICATION FOR A CONSTRUCTION APPROVAL Application for construction approval
Part
Schedule to these Rules or as otherwise prescribed by the
- 5 Verify source ↗
An application for a construction approval in rule
AI-assisted research summary: An application for construction approval under rule 4(2) must include a non-refundable fee set by the Authority.
5. An application for a construction approval in rule 4(2) shall be accompanied with a non-refundable application fee as shall be prescribed by the Authority. Grant of construction approval - 6 Verify source ↗
(1) The Authority shall, upon receipt of an
AI-assisted research summary: The Authority must review certain applications, decide whether to grant or deny construction approval, publish approvals in the Gazette, and give written reasons for denials.
6.-(1) The Authority shall, upon receipt of an application described in rule 4(2), proceed to evaluate such application and decide whether to grant or deny the application. (2) The Authority shall, while making a decision whether to grant or deny a construction approval, consider the following: (a) compliance with rule 4(2); (b) compliance with land use consumer installation; laws save for (c) compliance with health, safety, standards and environmental requirements; (d) the need for investment in townships and villages as provided in rule 7; (e) compliance with the requirements of the provisions of the Act; and (f) economic viability of the business. (3) The Authority shall cause the construction approval under subrule (1) to be published in the Gazette as required by the provisions of the Act. (4) The applicant shall, within seven working days after issuance of an approval by the Authority, be notified the decision of the Board. (5) The Authority shall, in the event that it denies an 11 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) the application for a construction approval, applicant of such decision in writing, including the reasons thereof. inform Obligation to construct retail outlet in rural areas - 7 Verify source ↗
A retailer who possess at least four retail outlets
AI-assisted research summary: A retailer with at least four outlets in a city, municipality, or district township area must build at least one retail outlet in a township or village that has none.
7. A retailer who possess at least four retail outlets in a city, municipality or district township area shall be required to construct at least one retail outlet in a township or village where there is no retail outlet. Duration of construction approval Suspension and revocation of construction approval - 8 Verify source ↗
The construction approval
AI-assisted research summary: A construction approval under rule 6 stops being effective if the holder does not start construction within 24 months from the date it was issued.
8. The construction approval 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. issued by - 9 Verify source ↗
(1) The Authority may, by notice in the Gazette,
AI-assisted research summary: The Authority may amend, withdraw, suspend, or reinstate a construction approval, and must give the holder at least 21 days’ notice and reasons before intended withdrawal, suspension, or amendment.
9.-(1) The Authority may, by notice in the Gazette, amend, withdraw or suspend a construction approval provided that, such withdrawal or suspension is a result of non-compliance of the Act, these Rules, applicable laws or any of the terms and conditions thereof. (2) Where the Authority intends to withdraw, suspend or amend a construction approval it shall, at least twenty one days before the date of intended revocation, suspension or amendment, notify the holder of such approval about the intention and the reasons thereof. (3) The Authority may, by notice in the Gazette, reinstate a construction approval revoked or suspended under subrule (1) if satisfied that the reasons for the revocation or suspension no longer exist. PART III LICENSING PROCEDURES Obligation to obtain licence
Part
PART X
- 61 Verify source ↗
Any wholesaler who after coming into force of
AI-assisted research summary: Any wholesaler that does not meet these Rules after they come into force must conform within three years.
61. Any wholesaler who after coming into force of these Rules, does not meet the requirement provided for under these Rules shall, within three years from the date of 43 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) General penalty coming into force of these Rules conform with the requirements of these Rules. - 62 Verify source ↗
(1) Any person who contravenes the provisions
AI-assisted research summary: A person who breaches these Rules without a specific penalty commits an offence and, if convicted, is liable to a fine of five million shillings.
62.-(1) Any person who contravenes the provisions of these Rules for which no specific penalty is prescribed commits an offence and shall, on conviction, be liable to a fine of five million shillings. (2) Notwithstanding the provisions of these Rules, the Authority may, apart from the penalties prescribed- (a) require any person conducting a regulated activity who contravenes the provisions of these Rules to issue a public and written apology; and (b) issue a warning to any person conducting a the activity who contravenes regulated provisions of these Rules. Appeal Cap. 285 Revocation and savings G.N No. 380 of 2018 - 63 Verify source ↗
Any person who is aggrieved by a decision,
AI-assisted research summary: A person aggrieved by a decision, direction, or order made by the Authority or an authorised officer may appeal within 14 days.
63. Any person who is aggrieved by a decision, direction or order made by the Authority or an authorised officer under Part II and III of these Rules may, within fourteen days from the date of the decision, direction or in order, appeal accordance with the provisions of the Fair Competition Act. the Fair Competition Tribunal to - 64 Verify source ↗
(1) The Petroleum (Wholesale, Storage, Retail
AI-assisted research summary: The 2018 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) Rules are revoked, but existing licences, approvals, orders, exemptions, and directives continue in force until revoked or they expire or otherwise cease to have effect.
64.-(1) The Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) Rules, 2018 are hereby revoked. (2) Notwithstanding the revocation of the Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) Rules, all licences, approvals, orders, exemptions or directives made or issued or deemed to have been made or issued under those Rules shall be deemed to have been made under these Rules, and shall remain in force until revoked or otherwise expire or cease to have effect. Authority to supplement procedures as needed - 65 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 whatever lawful steps are needed to adjudicate the matter effectively and completely.
65. Where procedures are not provided for in these Rules, the Authority may do whatever is necessary and permitted by law to enable it to effectively and completely adjudicate on any matter before it. 44 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) __________ FIRST SCHEDULE _________ FORMS 45 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) FORM NO. 1 PETROLEUM FACILITY CONSTRUCTION APPROVAL (Made under rule 4(2)) Date Received: Time Received: For EWURA Use Only File Number: Received by: IMPORTANT NOTE: Please complete this form and submit it to the Director General through the address above together with all relevant enclosures. In order to avoid unnecessary delays, please answer all items in full and submit to EWURA a complete form with all necessary enclosures. No application will be processed until it has been found to be complete. Once complete and ready for submission, PRINT USING BLUE OR BLACK INK ONLY. Where options are given, tick the relevant box. Leave no item unanswered or un-ticked. If an item seems not applicable to the specific application, you should indicate with block capitals N/A meaning Not Applicable. Please ensure that all the required documents are enclosed and that each separate sheet of information attached to the application corresponds to a specific item in the application. All separate sheets of information must be on a clean and clear A-4 paper. PART I: DETAILS OF THE APPLICANT 1 Name of Applicant (Insert trading name), business address, telephone and fax numbers (a) Name of the Applicant:…………………………..... (b) Business address: Street……........….Plot No........................................ Block No…..............Building No……........................ (c) Postal Address: ....................................................... (d) Telephone No: ........................................................ (e) Facsimile: .........................Cell Phone...................... (f) E-Mail: .............................. 2 Location and complete address of the proposed facility (a) Location: Street……........….Plot No......................................... Block No…..............Building No……......................... (b) Postal Address: ........................................................ 3 Registration Status: (Fill Where Appropriate) (a) Certificate of Incorporation No…….........................…….. (b) Certificate of Compliance No……..........................……… (c) Business license No.……………...........................………... (d) TIN No. ......................................................................... (e) VAT No.………………………...........................……………. 46 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) 4 Legal status of the Applicant: Sole Proprietorship Partnership Public Limited Liability Company Private Limited Liability Company Parastatal Organization Government Agency Cooperative Society Joint Venture Other (specify)................................... 5 Contact Person: (a) Name: ..................................................... (b) Title: ........................................................ (c) Physical address: Street…….......…Plot No….....…Block No…......…. Building No……............... (d) Postal Address: ....................................... (e) Telephone Number: ................................ (f) Facsimile: ........................Cell phone: ........................... (g) E-mail: ................................................... PART II- ESSENTIAL DOCUMENTS TO BE ATTACHED/SUBMITTED FOR APPLICATION TO BE COMPLETE 6 The applicant shall be required where appropriate, to attach/submit the following documents for the application to be complete: (a) Certified copy of Certificates of Business Registrations which may include: (i) Certificate of Incorporation; (ii) Memorandum of Association and Article of Association; or (iii) Business Licence. (b) TIN and VAT certificates (c) Joint Venture (JV) contract (if applicable) (d) Certified copy of Certificate of Occupancy (Title Deed) or any authorization from relevant land authority that approves the plot for development of petroleum facility (Not applicable for entity applying to construct a consumer installation); (e) Certified copy of proof of ownership of land on which the consumer installation to be constructed (Applicable for consumer only); (f) Lease agreement in case the applicant is not the owner of the land on which a regulated facility to be constructed; (g) Certified copy of a building permit; (h) Certified copy of an Environmental Impact Assessment Certificate issued by relevant Authority; (i) An engineering layout plan which shows the regulated facility to be constructed meets the approved specifications. The layout plan should be duly signed by a registered engineer; (j) List of approved specifications to be applied in the construction of the regulated facility; (k) A project or business plan describing the scope of the proposed business activity (Not applicable for entity applying to construct a consumer installation); 47 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) (l) In case of the consumer installation facility, a consumer shall submit the following: (i) Details of the applicants operations and the expected petroleum product requirements per month; and (ii) The proof that, due to the nature of operations or equipment its facilities cannot easily access petroleum retail outlet. (m) Proof of payment of an EWURA application fee PART III – DECLARATION BY THE APPLICANT 7 I…...................….. name) (insert (insert title/position) hereby declare that I am authorized to make this application on behalf of the applicant and that to the best of my knowledge the information supplied herein is correct and that within a reasonable period of time after notice, I undertake to provide whatever additional information EWURA may require in order to evaluate this application. being…….............................… ___________________ __________________ Signature Date 48 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) LICENCES APPLICATION FORMS (Made under rule 17(1)) FORM NO. 2A PETROLEUM PRODUCT RETAIL BUSINESS LICENCE For EWURA Use Only Date Received: File Number: IMPORTANT NOTE: Complete this form and return it with all other relevant enclosures to the Director General at the above address. In order to avoid unnecessary delays, answer fully all items and submit to EWURA all of the information required to consider this application. EWURA will not process this application until it has been found to be complete. Where options are given, tick the relevant box. Leave no item unanswered or un-ticked. If an item seems not applicable to the specific application, you should indicate with block capitals N/A meaning Not Applicable. You should ensure that all required documentation are enclosed and that each separate sheet of information attached to the application corresponds to a specific item in the application. PART I: DETAILS OF THE APPLICANT Name of Applicant (Insert trading name) Registration Status: (Fill Where Appropriate)
Part
PART I: DETAILS OF THE APPLICANT
- 2 Verify source ↗
Section 2
AI-assisted research summary: The listed documents must be attached in the application, including incorporation, constitutional, business licence, TIN, and VAT documents where applicable.
2. (a) Certificate of Incorporation No…….........................…… (b) Memorandum and Articles of Association (where applicable) (c) Business license No.……………...........................…………… (d) TIN No. ........................................................................ (e) VAT No.………………………...........................……………. (attach copies of the documents applicable to you) - 3 Verify source ↗
Section 3
AI-assisted research summary: The form asks for the retail outlet’s physical and postal address and contact details.
3. Physical and postal Address of the retail outlet: (a) Physical address: Street……........….Plot No............. Block No…..............Building No……......................... (a) Postal Address: ......................................... 49 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) (b) Telephone No: .......................................... (c) Facsimile: ............................Cell Phone................................ (d) E-Mail: ...................................................... - 4 Verify source ↗
Section 4
AI-assisted research summary: The form asks the applicant to state the legal status of the applicant.
4. Legal status of the Applicant: Sole Proprietorship Partnership Public Limited Liability Company Private Limited Liability Company Parastatal Organization Government Agency Cooperative Society Joint Venture Other (specify)................................... - 5 Verify source ↗
Section 5
AI-assisted research summary: This section asks for contact person details such as name, title, address, phone, fax, cell phone, and email.
5. Contact Person: (a) Name: ..................................................... (b) Title: ........................................................ (c) Physical address: Street…….......…Plot No….....…Block No…......…. Building No……............... (d) Postal Address: ....................................... (e) Telephone Number: ................................ (f) Facsimile: ........................Cell phone: ........................... (g) E-mail: ................................................... - 6 Verify source ↗
Section 6
AI-assisted research summary: The applicant must provide certain applicant information on a separate sheet, where applicable.
6. Provide on a Separate Sheet Information Related to the Applicant where applicable: Shareholding Arrangements Director(s) Members of the Board of Directors Chief Executive Officer (where applicable) - 7 Verify source ↗
Section 7
AI-assisted research summary: If the applicant is in a joint venture with another entity, they must provide specified contact and address details and attach proof/documents.
7. (attach proof) If the applicant is in a Joint Venture with another entity, provide the following details: (a) Name: ..................................................... (b) Title: ........................................................ (c) Physical address: Street…….......…Plot No….....…Block No…......…. Building No……................ (d) Postal Address: ....................................... (e) Telephone Number: ................................ (f) Facsimile: ...............................Cell phone: ........................... (g) E-mail: .............................. (attach copies of the documents applicable) PART II – ESSENTIAL DOCUMENTS TO BE ATTACHED/SUBMITTED FOR APPLICATION TO BE COMPLETE - 1 Verify source ↗
Section 1
AI-assisted research summary: The form asks for the applicant’s name, and says to insert the trading name.
1. Name of Applicant (Insert trading name) - 2 Verify source ↗
Section 2
AI-assisted research summary: The form asks the filer to fill in registration status details where appropriate and attach copies of any documents that apply.
2. Registration Status: (Fill Where Appropriate) (a) Certificate of Incorporation No…….........................…… (b) Memorandum and Articles of Association (where applicable) (c) Business license No.……………...........................…………… (d) TIN No. ........................................................................ (e) VAT No.………………………...........................……………. (attach copies of the documents applicable to you) - 3 Verify source ↗
Section 3
AI-assisted research summary: This section asks for the facility’s physical and postal address, telephone, fax, cell phone, and e-mail details.
3. Physical and postal Address of the facility: (a) Physical address: Street……........….Plot No............. Block No…..............Building No……......................... (b) Postal Address: ......................................... (c) Telephone No: .......................................... (d) Facsimile: ............................Cell Phone................................ 52 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) (e) E-Mail: ...................................................... - 7 Verify source ↗
Section 7
AI-assisted research summary: If the applicant is in a joint venture with another entity, the applicant must provide specific contact and identification details.
7. (attach proof) If the applicant is in a Joint Venture with another entity, provide the following details: (a) Name: ..................................................... (b) Title: ........................................................ (c) Physical address: Street…….......…Plot No….....…Block No…......…. Building No……................ (d) Postal Address: ....................................... (e) Telephone Number: ................................ (f) Facsimile: ...............................Cell phone: ........................... (g) E-mail: (attach copies of .............................. the documents applicable) PART II: ESSENTIAL DOCUMENTS TO BE ATTACHED/SUBMITTED FOR APPLICATION TO BE COMPLETE - 3 Verify source ↗
Section 3
AI-assisted research summary: This provision lists the facility’s address and contact details to be provided.
3. Physical and postal Address of the facility: (a) Physical address: Street……........….Plot No............. Block No…..............Building No……......................... (b) Postal Address: ......................................... (c) Telephone No: .......................................... (d) Facsimile: ............................Cell Phone................................ (e) E-Mail: ...................................................... 56 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) - 7 Verify source ↗
Section 7
AI-assisted research summary: If the applicant is in a joint venture with another entity, the application must include specified details about that other entity and related contact information.
7. (attach proof) If the applicant is in a Joint Venture with another entity, provide the following details: (h) Name: ..................................................... (i) Title: ........................................................ (j) Physical address: Street…….......…Plot No….....…Block No…......…. Building No……................ (k) Postal Address: ....................................... (l) Telephone Number: ................................ (m) Facsimile: ...............................Cell phone: ........................... (n) E-mail: (attach copies of .............................. the documents applicable) PART II – ESSENTIAL DOCUMENTS TO BE ATTACHED/SUBMITTED FOR APPLICATION TO BE COMPLETE - 3 Verify source ↗
Section 3
AI-assisted research summary: This provision lists the facility contact details to be provided: physical address, postal address, telephone, facsimile, and cell phone.
3. Physical and postal Address of the facility: (a) Physical address: Street……........….Plot No............. Block No…..............Building No……......................... (b) Postal Address: ......................................... (c) Telephone No: .......................................... (d) Facsimile: ............................Cell Phone................................ - 4 Verify source ↗
Section 4
AI-assisted research summary: The form asks the applicant to state its legal status and choose an entity type.
4. Legal status of the Applicant: (e) E-Mail: ...................................................... 59 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) Sole Proprietorship Partnership Public Limited Liability Company Private Limited Liability Company Parastatal Organization Government Agency Cooperative Society Joint Venture Other (specify)................................... - 7 Verify source ↗
Section 7
AI-assisted research summary: If the applicant is in a joint venture, they must provide specified contact and identity details.
7. (attach proof) If the applicant is in a Joint Venture with another entity, provide the following details: (a) Name: ..................................................... (b) Title: ........................................................ (c) Physical address: Street…….......…Plot No….....…Block No…......…. Building No……................ (d) Postal Address: ....................................... (e) Telephone Number: ................................ (f) Facsimile: ...............................Cell phone: ........................... (g) E-mail: (attach copies of .............................. the documents - 8 Verify source ↗
Section 8
AI-assisted research summary: The application asks what kind of business the applicant is involved in.
8. Nature of Business the applicant is dealing with? applicable) Commercial or industrial undertaking Government Institution Agricultural farm Mines PART II – ESSENTIAL DOCUMENTS TO BE ATTACHED/SUBMITTED FOR APPLICATION TO BE COMPLETE - 2 Verify source ↗
Section 2
AI-assisted research summary: The applicant must fill in its trading name and registration details, provide key registration and tax numbers, and attach copies of required certificates and approvals.
2. Name of Applicant (Insert trading name) Registration Status: (Fill Where Appropriate) (a) Certificate of Incorporation No…….........................…… (b) Certificate of Compliance No……..........................…….. (c) Business license No.……………...........................……………. 1 67 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) (d) TIN No. ........................................................................ (e) VAT No.………………………........................……………. (attach copies of necessary certificates, approvals) - 3 Verify source ↗
Section 3
AI-assisted research summary: This provision requires address and contact details for the facility or licensee to be provided in the listed fields.
3. Address of facility or licensee (as appropriate): (a) Physical address: Street…….........Plot No............. Block No…..............Building No……......................... (b) Postal Address: ......................................... (c) Telephone No: .......................................... (d) Facsimile: ............................Cell Phone................................ (e) E-Mail: ...................................................... - 5 Verify source ↗
Section 5
AI-assisted research summary: This section requests contact person details.
5. Contact Person: (h) Name: ..................................................... (i) Title: ........................................................ (j) Physical address: Street…….......…Plot No….....…Block No…......…. Building No……............... (k) Postal Address: ....................................... (l) Telephone Number: ................................ (m) Facsimile: ........................Cell phone: ........................... (n) E-mail: ................................................... 68 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) - 6 Verify source ↗
Section 6
AI-assisted research summary: This section lists current licence details fields: licence number, date issued, and expiry date.
6. Current Licence details Licence No. ……………………………. Date Issued…………………………….. Expiry Date…………………………… - 7 Verify source ↗
Section 7
AI-assisted research summary: The licensee is asked whether it has had any material changes since its previous application, and if yes, to provide details.
7. Has the licensee undergone any material changes (structural, legal, managerial or related to the services supplied) since its previous application? Yes ( ) If yes, provide details.................................................. ................................................................................................. ................................................................................................ ................................................. (Use additional Sheet if Necessary) No ( ) - 8 Verify source ↗
Section 8
AI-assisted research summary: The applicant must provide the fee amount, choose a payment mode, and attach the payment receipt copy.
8. Fee amount and method of payment: (a) Amount: TZS………………..….................…….….................... (b) Mode: Cash Cheque Other (specify)................... (c) Fees Payment Receipt No. (Attach Copy)........................... PART III – DECLARATION BY THE APPLICANT
Part
PART II – ESSENTIAL DOCUMENTS TO BE ATTACHED/SUBMITTED
- 8 Verify source ↗
Section 8
AI-assisted research summary: An applicant must, where appropriate, submit the listed documents so the application is complete.
8. The applicant shall be required where appropriate, to attach/submit the following documents for the application to be complete: (a) Certified copy of Certificates of Business Registrations which may include: (i) Certificate of Incorporation; (ii) Memorandum of Association and Article of Association; or 50 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) (iii) Business Licence. (b) TIN and VAT certificates (c) Joint Venture (JV) contract (if applicable) (d) Certified copy of Certificate of Occupancy (Title Deed) or any authorization from relevant land authority that approves the plot for development of petroleum facility; (e) Lease agreement in case the applicant is not the owner of the land on which a regulated facility has been constructed; (f) Certified copy of a building permit; (g) certified copy of a valid Fire Certificate from the Fire Department (h) Copy of construction approval from EWURA (applicable for regulated facility constructed from April 2009) (i) Certified copy of an Environmental Impact Assessment Certificate issued by relevant Authority; (j) An engineering layout plan which shows the regulated facility constructed meets the approved specifications. The layout plan should be duly signed by a registered engineer; (k) A project or business plan describing the scope of the proposed business activity; (l) Duly filled integrity pledge form; (m) Proof of payment of an EWURA application fee) PART III – DECLARATION BY THE APPLICANT - 8 Verify source ↗
Section 8
AI-assisted research summary: The applicant must attach or submit the listed documents, where appropriate, so the application is complete.
8. The applicant shall be required where appropriate, to attach/submit the following documents for the application to be complete: (a) Certified copy of Certificates of Business Registrations which include: (i) Certificate of Incorporation; (ii) Memorandum of Association and Article of Association; and (iii) Business Licence. (b) TIN and VAT certificates (c) Joint Venture (JV) contract (if applicable) 57 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) (d) Certified copy of Certificate of Occupancy (Title Deed) or any authorization from relevant land authority that approves the plot for development of petroleum facility; (e) Lease agreement in case the applicant is not the owner of the land on which a regulated facility has been be constructed; (f) Certified copy of a building permit; (g) certified copy of a valid Fire Certificate from the Fire Department; (h) Resume of at least three personnel with adequate skills in petroleum depot operations; (i) Depot Emergency Response Plan; (j) Copy of construction approval from EWURA (applicable for regulated facility constructed from April 2009) (k) Certified copy of an Environmental Impact Assessment Certificate issued by relevant Authority; (l) An engineering layout plan which shows the regulated facility constructed meets the approved specifications. The layout plan should be duly signed by a registered engineer; (m) A project or business plan describing the scope of the proposed business activity; (n) Duly filled integrity pledge form; (o) Proof of payment of an EWURA application fee PART III – DECLARATION BY THE APPLICANT - 9 Verify source ↗
Section 9
AI-assisted research summary: The applicant must attach and submit the listed documents, where appropriate, for the application to be complete.
9. The applicant shall be required where appropriate, to attach/submit the following documents for the application to be complete: (a) Certified copy of Certificates of Business Registrations which may include: (i) Certificate of Incorporation; (ii) Memorandum of Association and Article of Association; 60 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) or (iii) Business Licence. (b) TIN and VAT certificates (c) Joint Venture (JV) contract (if applicable) (d) Certified copy of proof of ownership of land on which the consumer installation to be constructed; (e) Lease agreement in case the applicant is not the owner of the land on which a regulated facility has been constructed; (f) Certified copy of a building permit; (g) certified copy of a valid Fire Certificate from the Fire Department; (h) Certified copy of an Environmental Impact Assessment Certificate issued by relevant Authority; (i) An engineering layout plan which shows the regulated facility constructed meets the approved specifications. The layout plan should be duly signed by a registered engineer; (j) Details of the applicants operations and the expected petroleum product requirements per month; (k) The proof that, due to the nature of applicant’s operations or equipment its facilities cannot easily access petroleum retail outlet; (l) Duly filled integrity pledge form; (m) Proof of payment of an EWURA application fee PART III – DECLARATION BY THE APPLICANT
Part
PART III – DECLARATION BY THE APPLICANT
- 9 Verify source ↗
Section 9
AI-assisted research summary: The form must be completed fully, with all required information and enclosures, and returned to EWURA/Director General; it may be submitted electronically or by delivery.
9. I…...................….. (insert name) being…….............................… (insert title/position) hereby declare that I am authorized to make this application on behalf of the applicant (insert the name of the applicant.............). I further declare that to the best of my knowledge the information supplied herein are correct. _____________________ ____________________ Signature Date 51 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) PETROLEUM PRODUCTS WHOLESALE BUSINESS LICENCE FORM NO. 2B For EWURA Use Only Date Received: File Number: IMPORTANT NOTE: Complete this form and return it with all other relevant enclosures to the Director General at the above address. In order to avoid unnecessary delays, answer fully all items and submit to EWURA all of the required information . You may submit your application electronically or by delivering the same to EWURA offices. EWURA will not process this application until it has been found to be complete. Where options are given, tick the relevant box. Leave no item unanswered or un-ticked. If an item seems not applicable to the specific application, you should indicate with block capitals N/A meaning Not Applicable. You should ensure that all required documentation are enclosed and that each separate sheet of information attached to the application corresponds to a specific item in the application. PART I: DETAILS OF THE APPLICANT - 9 Verify source ↗
Section 9
AI-assisted research summary: Applicants must complete the form, attach the required documents, and submit it to EWURA or the Director General; incomplete applications will not be processed.
9. I…...................….. (insert name) being…….............................… (insert title/position) hereby declare that I am authorized to make this application on behalf of the (insert the name of the applicant.............). I further declare that to the best of my knowledge the information supplied herein are correct. _________________ __________________ Signature Date 58 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) FORM NO. 2D CONSUMER INSTALLATION FACILITY LICENCE For EWURA Use Only Date Received: File Number: IMPORTANT NOTE: Complete this form and return it with all other relevant enclosures to the Director General at the above address. In order to avoid unnecessary delays, answer fully all items and submit to EWURA all of the required information. You may submit your application electronically or by delivering the same to EWURA offices. EWURA will not process this application until it has been found to be complete. Where options are given, tick the relevant box. Leave no item unanswered or un-ticked. If an item seems not applicable to the specific application, you should indicate with block capitals N/A meaning Not Applicable. You should ensure that all required documentation are enclosed and that each separate sheet of information attached to the application corresponds to a specific item in the application. PART I: DETAILS OF THE APPLICANT Name of Applicant (Insert trading name) Registration Status: (Fill Where Appropriate) - 10 Verify source ↗
Section 10
AI-assisted research summary: This form requires the signer to declare that they are authorized to make the application for the applicant and that the information provided is correct to the best of their knowledge.
10. I…...................….. (insert name) being…….............................… (insert title/position) hereby declare that I am authorized to make this application on behalf of the applicant (insert the name of the applicant.............). I further declare that to the best of my knowledge the information supplied herein are correct. ___________________ ___________________ Signature Date 61 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) CORPORATE INTEGRITY PLEDGE (Made under rule 17(2)) FORM NO. 3 - 1 Verify source ↗
We ……………………………………. do believe that, unethical business practices and
AI-assisted research summary: This provision says unethical business practices and corruption are major obstacles to sustainable economic growth and public confidence in Tanzania.
1. We ……………………………………. do believe that, unethical business practices and corruption have been one of the biggest impediments to sustainable economic growth and prosperity in Tanzania and have been eroding public confidence in the Government and its institutions ability to serve its citizen fairly; - 2 Verify source ↗
As a company involved in petroleum activities in Tanzania, we acknowledge our
AI-assisted research summary: A company involved in petroleum activities in Tanzania acknowledges responsibility to support good governance and to conduct business with transparency, ethics, and integrity.
2. As a company involved in petroleum activities in Tanzania, we acknowledge our responsibility to ensure good governance because it is necessary for continued growth and business sustainability. We also acknowledge the importance of conducting our business with the highest standards of transparency, ethics and integrity; - 3 Verify source ↗
While the Government and the Prevention and Combating of Corruption Bureau
AI-assisted research summary: The text says anti-corruption efforts by the Government and PCCB need commitment from the business community, and it introduces a pledge that follows.
3. While the Government and the Prevention and Combating of Corruption Bureau (PCCB) have their own initiatives for reducing corruption and other unethical practices, we realize that those initiatives cannot succeed without individual and collective commitment from business community to level the playing field and to build integrity in the business environment. In view of the foregoing, we pledge the following: (a) - 4 Verify source ↗
Section 4
AI-assisted research summary: The company must avoid bribery and corruption, share its anti-corruption stance and code of conduct, train staff and partners, keep transparent reporting, use integrity pacts in procurement, provide confidential reporting channels, and avoid unethical or national-security-harming business.
4. that in order to ensure not, through any of our employees, representatives or agents, to involve in any form of bribery, corruption whether direct or indirect or unethical behavior in whatever form; to clearly communicate with all employees and business partners about stance on fighting all forms of bribe, corruption and other unethical behavior in whatever form; to maintain and share with our employees the code of conduct which will be a guide in executing our daily business operations in order to comply with high ethical standards of conduct and anti-corruption laws; to conduct regular training on anti-bribery and anti-corruption to our employees and business partners they are updated and knowledgeable of the Company’ s policy in implementing this pledge; to conduct integrity risk assessment that will help to identify corruption risks inherent in business operations and apply effective measures; to maintain appropriate financial reporting mechanisms that are accurate and transparent; to enter into integrity pacts with business partners and Government agencies when dealing with procedures related to the bidding and procurement of supplies, materials, equipment, and construction; to maintain channels by which employees and other stakeholders can raise ethical concerns and report suspicious circumstances in confidence without risk of reprisal, and a designated officer will be tasked with investigating all reports received and taking appropriate action; to refrain from engaging in business with parties who have demonstrated unethical business practices; not to engage in any arrangements that undermines or is prejudicial to the national security; and to maintain a proper insurance cover against losses, injuries or damage to environmental, communities, individual and properties that may be occasioned in the course of carrying business. (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) - 5 Verify source ↗
To ensure collective action in preventing any unethical and corrupt behavior and the
AI-assisted research summary: The speaker commits to support and participate in an integrity initiative, including meetings, sharing best practices, creating controls, backing audit and certification programs, and institutionalizing the process.
5. To ensure collective action in preventing any unethical and corrupt behavior and the highest standards of ethics, integrity and transparent in business transactions in Tanzania, we commit to: 62 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) (a) (b) (c) (d) (e) support a nationwide initiative intended to create fair market conditions, transparency in business transactions, and ensure good corporate governance; participate in roundtable discussions, meetings, and forum to identify the key concerns and current problems affecting the private sectors related to integrity and transparency in business transactions; share the international best practices, tools and concepts which are intended to be used by all participating entities to achieve the goals of the nationwide integrity behavior initiative; participate in the creation of key measures and control activities intended to ensure transparency, integrity and ethical business practice; support the development of an audit and certification program (including a training program for advisers and auditors) that will offer a toolbox for enterprises to introduce and implement ethical practices in their business processes; and institutionalize the whole process to promote sustainability of the integrity initiative. - 6 Verify source ↗
To confirm our commitment to this pledge, we hereby commit ourselves as a company
AI-assisted research summary: Company and individuals must follow the integrity pledge in all respects and are responsible for consequences of non-compliance.
6. To confirm our commitment to this pledge, we hereby commit ourselves as a company and individuals to be bound in all aspects by this integrity pledge and shall be responsible for all the consequences which may result to non-compliance to this pledge. - 7 Verify source ↗
To fight any form of corruption practices whereby zero tolerance action will be taken
AI-assisted research summary: The provision says there is zero tolerance for corruption in relation to the business.
7. To fight any form of corruption practices whereby zero tolerance action will be taken against any employee, staff or other person involved in corruption in relation to the business, regardless of position and status; - 8 Verify source ↗
To report any corrupt or unethical practices that occur in the business place to the
AI-assisted research summary: Corrupt or unethical practices occurring in the business place are to be reported to the appropriate Authority.
8. To report any corrupt or unethical practices that occur in the business place to the appropriate Authority; - 9 Verify source ↗
We shall also ensure that our employees and agents comply with this pledge and in any
AI-assisted research summary: The signer must ensure employees and agents comply with the pledge and is responsible for their actions if they do not.
9. We shall also ensure that our employees and agents comply with this pledge and in any event of non-compliance we commit ourselves to be responsible for their action. Signed by ……………………………………… for and on behalf of …………………………………………………. this ……… day of ……………………..……….. 20…….… Signature …………………………….………. Designation:………………………..…………. Witness Name:………………………………………… Signature:…………………………..………… Designation:…………………………………… 63 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) FORM NO. 4 TRANSFER OF A LICENCE FORM (Made under rule 21 (2)) APPLICATION TO TRANSFER A LICENCE This section to be completed by the Current Licensee Current Licensee to complete as appropriate Current Licensee’s name Name and address of the Transferor Reason for Transfer (attach documentary proof) Address of the Licensed Facility Postcode Email Tel No. Licence Particulars Type of Licence: Licence No: Licence Duration: Expiry Date: I agree to the Licence being transferred to the applicant(s) below: Name and physical Address of the Transferee: Date: 64 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) Business Organisation (Sole proprietor, Company, Partnership) Principal Officer (only if the transferee is a company or partnership) Names of Partners or Shareholders Position: Date: Company Seal Signature: - 7 Verify source ↗
Section 7
AI-assisted research summary: The applicant(s) must complete this section.
7. This section to be completed by the Applicant(s) - 2 Verify source ↗
Section 2
AI-assisted research summary: If the licence is transferred, the new occupier must apply for the transfer, follow EWURA’s conditions and applicable laws, and not change the approved premises arrangements or use the premises for a different purpose without EWURA’s written approval.
2. I the undersigned, being the new occupier of the premises detailed in the application, hereby apply for the transfer of the current licence and I hereby declare that the information stated herein in regard to the transferee are true to the best of my knowledge. In the event of a licence being transferred: (a) I agree to abide by the conditions laid down by EWURA and applicable laws, and not to alter in any way the approved arrangements of the premises without the written approval of EWURA, nor use the said premises for any other purpose than those prevailing at the time the licence is transferred; the licence shall have the like effect in all respects as if no transfer had been made; and (b) (c) all duties and responsibilities that were to be fulfilled by the transferor are automatically shift to the transferee as if no transfer was made. Date Signed: Position: 65 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) Print Name Ownership of the site comprising the licensed facility. If the transferor is not the owner of the site (i.e. a tenant), enter below the name and address of the owner or owners, as the case may be: Details Transferor to complete if applicable Name (of owner) Address: Post Code Email Tel No. Fee TZS ....... Payable to: EWURA through Control Number. Notes - 1 Verify source ↗
The applicant(s), (if an individual person or partnership) must be over 18 years of age
AI-assisted research summary: Applicants who are individual persons or partnerships must be over 18 years old.
1. The applicant(s), (if an individual person or partnership) must be over 18 years of age. - 2 Verify source ↗
By signing the form both the transferee and transferor declare that they are authorized to
AI-assisted research summary: When signing the form, the transferee and transferor declare they are authorized to make the application and that the information provided is correct.
2. By signing the form both the transferee and transferor declare that they are authorized to make this application and that the information supplied there herein is correct. - 3 Verify source ↗
This application together with the appropriate fee, should be forwarded to the Director
AI-assisted research summary: The application, together with the appropriate fee, should be forwarded to the Director General.
3. This application together with the appropriate fee, should be forwarded to the Director General. The application should be attached with the following documents; - - 1 Verify source ↗
The original copy of a valid EWURA licence in respect of the licensed facility
AI-assisted research summary: Refers to the original copy of a valid EWURA licence for the licensed facility.
1. The original copy of a valid EWURA licence in respect of the licensed facility; - 2 Verify source ↗
Certified copy of tax clearance of the transferor in respect of the licensed facility
AI-assisted research summary: A certified copy of the transferor’s tax clearance is required for the licensed facility.
2. Certified copy of tax clearance of the transferor in respect of the licensed facility; - 3 Verify source ↗
Lease/sale agreement endorsed by Tanzania Revenue Authority
AI-assisted research summary: A lease or sale agreement must be endorsed by the Tanzania Revenue Authority.
3. Lease/sale agreement endorsed by Tanzania Revenue Authority; - 4 Verify source ↗
Company registration documents of the transferee (if any)
AI-assisted research summary: This section refers to company registration documents of the transferee, if any.
4. Company registration documents of the transferee (if any); - 5 Verify source ↗
Proof of payment of transfer application fee as shall be prescribed by the Authority
AI-assisted research summary: This provision concerns proof of payment of the transfer application fee, which is to be prescribed by the Authority.
5. Proof of payment of transfer application fee as shall be prescribed by the Authority; - 6 Verify source ↗
A signed integrity pledge prescribed in the second schedule; and
AI-assisted research summary: This provision refers to a signed integrity pledge prescribed in the second schedule.
6. A signed integrity pledge prescribed in the second schedule; and - 7 Verify source ↗
Any other document that will be required at the time of transfer
AI-assisted research summary: Any additional document required for a transfer must be provided at the time of transfer.
7. Any other document that will be required at the time of transfer. - 8 Verify source ↗
Where transfer is initiated by law or Court order, the transferee shall submit documents
AI-assisted research summary: If a transfer is initiated by law or a court order, the transferee must submit documents showing entitlement to the facility rights.
8. Where transfer is initiated by law or Court order, the transferee shall submit documents of entitlement of the rights to the facility 66 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) FORM NO. 5 RENEWAL OF A LICENCE FORM (Made under rule 24 (2)) PETROLEUM CONSUMER INSTALLATION, WHOLESALE, STORAGE AND RETAIL BUSINESS For EWURA Use Only Date Received: Time Received: File Number: Received by: IMPORTANT NOTE: Complete this form and return it with all other relevant enclosures to the Director General at the above address. In order to avoid unnecessary delays, answer fully all items and submit to EWURA all of the information required to consider this application. EWURA will not process this application until it has been found to be complete. When completing this form, PRINT USING BLUE OR BLACK INK ONLY. Where options are given, tick the relevant box. Leave no item unanswered or un-ticked. If an item seems not applicable to the specific application, you should indicate with block capitals N/A meaning Not Applicable. You should ensure that all required documentation is enclosed and that each separate sheet of information attached to the application corresponds to a specific item in the application. Where there is a requirement to provide documentation on a separate sheet, it must be on clean, clear A-4 paper. PART I: DETAILS OF THE APPLICANT - 9 Verify source ↗
Section 9
AI-assisted research summary: The form requires the signer to declare that they are authorized to make the application for the applicant and that the information given is correct.
9. I…...................….. (insert name) being…….............................… (insert title/position) hereby declare that I am authorized to make this application on behalf of the (insert the name of the applicant.............). I further declare that to the best of my knowledge the information supplied herein are correct. _________________________ _________________________ Signature Date 69 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) FORM NO. 6 NOTIFICATION OF OFFENCE FORM (Made under rule 55(1)) (PETROLEUM WHOLESALE BUSINESS/PETROLEUM RETAIL OPERATION/PETROLEUM CONSUMER INSTALLATION OPERATIONS) To............................................................................... Address.......................................................... - 4 Verify source ↗
Section 4
AI-assisted research summary: If you do not admit the offence, you must complete PART A and send it to the Director General of the Authority. If you do admit the offence, you must complete PART B and send the notification, with the statutory penalty for each admitted offence, to the Authority within 14 days of service.
4. You are charged with the following offence (s): (a) (b) (c) (d) (e) ............................................................................................................................. .. ............................................................................................................................. .. ............................................................................................................................. .. ............................................................................................................................. ... ............................................................................................................................. ... If you WISH to admit commission of the offence (s) you should complete “PART B” below and send this notification, together with the statutory penalty for each offence to which you admit, to the Authority within fourteen days from the date of service of this notification. If you DO NOT WISH to admit to have committed the offence (s) you are required to complete “PART A” below and send this notification to the Director General of the Authority. Penalty for each offence mentioned above shall be as provided for under the Petroleum Act, Cap. 392, the EWURA Act, Cap. 414 or any other laws relevant to the conduct of the Petroleum Wholesale Business. PART “A”- NOTIFICATION OF INTENTION TO ANSWER CHARGES I ............................................................ of ............................................................. residential or business address) being the (owner/director/manager/representative) of.................................... ............................................................. intend to respond to the Authority/ Court of law on the charge (s) Nos...........................................................................set out in Paragraph 1 of this Notification. Signature: ............................................... Date: ....................................................... PART “B”- ADMISSION OF OFFENCE I ............................................................... of ............................................................... residential or 70 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) business address) being the (owner/director/manager/representative) of..................................... ................................................................................................ admit to the charge (s) Nos............................................................................set out in Paragraph 1 of this Notification and I undertake to pay the requisite fine of TZS................................................. within a period of fourteen days from the date hereof. Signature: ............................................... Date: .................................................... FACILITY/VEHICLE/VESSEL DETAILS Motor Vehicle Reg. No............................... ................................................ PWL/PRL/PCIL No. ..................................... ...................................... Vessel Registration No. ............................. .................................................. ISSUED BY Name: Designation: Date: Signature of the person issued with the notification Signature of the Inspector ............................................................ ....................................................... 71 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) __________ SECOND SCHEDULE _________ (Made under rule 26 (2) (b) (ii)) SUPPLY AGREEMENT PETROLEUM PRODUCTS SUPPLY AGREEMENT BETWEEN (WHOLESALER) AND (RETAILER) 72 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) PETROLEUM PRODUCTS SUPPLY AGREEMENT This petroleum product supply agreement is made this ……… day of …………….20…………. BETWEEN (NAME OF THE WHOLESALER) of P. O. Box …………………with Petroleum Wholesale Licence No: PWL-2020- with its registered office at ………………………………………. (herein after called the “Supplier” of one part AND (NAME OF A RETAILER) of P. O. Box …………………………. licensed to conduct Petroleum Products Retail business as outlined in this agreement (herein after called the “Purchaser” of the other part. WHEREAS (a) the supplier is a licensed person to conduct petroleum product wholesale business in Mainland Tanzania; (b) the purchaser is a licensed person to carry out petroleum retail business at retail outlet named (i) (Name of the retail outlet as outline in the license) with license No: PRL- 2020-…. Located at ………………………………….; and (ii) (Name of the retail outlet as outline in the license) with license No: PRL- 2020-…. Located at ………………………………….; (c) the supplier is willing to supply petroleum products to a purchaser and a purchaser is willing to procure petroleum products from the supplier under the terms and conditions prescribed hereunder. NOW THEREFORE it is hereby by agreed as follows; - 1 Verify source ↗
Nature of the Contract and Consideration
AI-assisted research summary: The supplier must sell petrol, diesel, and kerosene to the purchaser at the monthly quantity set out here, and the quantity can change with 60 days’ notice depending on the purchaser’s market demand.
1. Nature of the Contract and Consideration The supplier covenants and agree to sell petroleum products (Petrol, Diesel and Kerosene) to the purchaser at a quantity per month as indicated below: Petroleum Products Quantity in liters Petrol Diesel Kerosene Provide that the quantity may vary upon giving sixty (60) days notice depending on the market demand of the purchaser. - 2 Verify source ↗
Duration of contract
AI-assisted research summary: The contract stays in force for the stated period and can be renewed if the parties agree.
2. Duration of contract: This agreement shall remain in force for a period of ……………. years commencing from this ……. day of ……………. 20…… to ……… day of ………. 20…… and may be renewed by mutual agreement of the parties. - 3 Verify source ↗
1 This contract shall, unless renewed terminate at the end of the period of contract
AI-assisted research summary: This contract ends at the end of the contract period under clause 2 unless it is renewed.
3.1 This contract shall, unless renewed terminate at the end of the period of contract stipulated under clause 2 herein above. - 3 Verify source ↗
2 This contract may also be terminated at any time by either part upon giving the other
AI-assisted research summary: Either party may terminate the contract at any time by giving the other party two months’ written notice.
3.2 This contract may also be terminated at any time by either part upon giving the other party two months’ notice in writing. - 3 Verify source ↗
3 Upon termination of the contract, parties shall take necessary steps to perform any
AI-assisted research summary: When the contract ends, the parties must take necessary steps to carry out any contractual obligation made before termination.
3.3 Upon termination of the contract, parties shall take necessary steps to perform any contractual obligation entered before the termination. - 3 Verify source ↗
4 Notwithstanding what is provided in clause 3.1 and 3.2 both parties reserve the right to
AI-assisted research summary: Both parties may renew the contract if they agree on the terms and give the other party prior written notice at least two months before expiry.
3.4 Notwithstanding what is provided in clause 3.1 and 3.2 both parties reserve the right to renew this contract in such terms and conditions as parties may agree and upon 73 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) issuing a prior written notice to the other party signifying intention to do so at least two months before the expiry of the contract. - 4 Verify source ↗
Amendment of the contract
AI-assisted research summary: The parties may amend the agreement in writing if they both agree.
4. Amendment of the contract This agreement may be amended in writing by mutual agreement between the parties. - 5 Verify source ↗
Obligation of the Supplier
AI-assisted research summary: The supplier must sell the agreed petroleum quantity to the purchaser, meet quality specifications, issue invoices and delivery notes with the retail outlet’s name and licence number, and keep the price at or below the wholesale cap price published by EWURA.
5. Obligation of the Supplier The supplier hereby covenants to the purchaser as follows: (a) Shall, at all-times and as agreed in this contract, sell the agreed quantity of petroleum products to the purchaser without excuse; (b) Shall sell petroleum products that meets quality specification to the purchaser; (c) Shall when selling petroleum products to the purchaser issue invoices and delivery note showing the name and licence number of the retail outlet; and (d) Shall sell petroleum products to a purchaser at a price not above the wholesale cap price published by EWURA. - 6 Verify source ↗
Obligation of the Purchaser
AI-assisted research summary: The Purchaser must keep buying the agreed quantity of petroleum products from the Supplier and must not pay above approved EWURA prices.
6. Obligation of the Purchaser The Purchaser hereby covenants to the Supplier as follows (a) Shall at all times and as agreed herein, procure the agreed quantity of petroleum products from the supplier without excuse; and (b) Shall buy petroleum products at not above approved EWURA prices. - 7 Verify source ↗
1 The purchaser shall place an order that describes the name of the purchasing retail
AI-assisted research summary: The purchaser must place an order that states the purchasing retail outlet name, licence number, product type, and quantity.
7.1 The purchaser shall place an order that describes the name of the purchasing retail outlet, licence number, type of the product and the quantity to be purchased; and - 7 Verify source ↗
2 The placed order shall be submitted in writing to the contact person of the supplier
AI-assisted research summary: The placed order must be submitted in writing to the supplier’s contact person, who is appointed when the agreement is signed.
7.2 The placed order shall be submitted in writing to the contact person of the supplier whom shall be appointed at the time of signing this agreement. - 8 Verify source ↗
1 That upon any default by the supplier; the supplier shall be liable to pay a penalty to the
AI-assisted research summary: If the supplier defaults, the supplier must pay the purchaser a penalty tied to the gross margin of retailers under the EWURA price-setting rules for the petroleum products not supplied.
8.1 That upon any default by the supplier; the supplier shall be liable to pay a penalty to the purchaser equal to the gross margin of retailers as provided in the EWURA (Petroleum Products Price Setting) Rules for the quantity of petroleum products that was not supplied as per clause 1 of this contract. - 8 Verify source ↗
2 That upon any default by the purchaser; the purchaser shall be liable to pay a penalty to
AI-assisted research summary: If the purchaser defaults, the purchaser must pay the supplier a penalty calculated by reference to the gross margin of wholesalers under the EWURA petroleum products price-setting rules for the undelivered quantity.
8.2 That upon any default by the purchaser; the purchaser shall be liable to pay a penalty to the supplier equal to the gross margin of wholesalers as provided in the EWURA (Petroleum Products Price Setting) Rules for the quantity of petroleum products that was not procured as per clause 1 of this contract. - 9 Verify source ↗
Notices
AI-assisted research summary: Notices under this contract must be in writing and are treated as properly served if sent by email, hand delivery, or registered mail to the stated address or another address given in writing.
9. Notices Any notice to be given under this contract shall be in writing and shall be deemed to have been properly served if sent by email, hand-delivered or sent by registered mail to either party at the address set out below or such other address as that party may specify in writing to the other: The Supplier: Chief Executive Officer, [Insert Name of the Company,] [Insert physical and postal address,] Telephone: [Insert landline number] Email: [Insert email address] The Purchaser: Chief Executive Officer, [Insert Name of the Company,] [Insert physical and postal address,] Telephone: [Insert landline number] Email: [Insert email address] 74 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) - 10 Verify source ↗
Dispute Settlement
AI-assisted research summary: Disputes must first be settled amicably between the parties, then referred to EWURA if needed; the parties may still go to the courts of Tanzania for legal remedies.
10. Dispute Settlement: Any dispute arising from or in connection with this contract shall be settled amicably between the Parties, failing which the matter will be referred to EWURA for determination and the laws of Tanzania shall apply. Provided that nothing in this contract shall prevent the parties from seeking legal remedies in the Courts of Law of Tanzania. IN WITNESS THEREOF the parties hereto have hereunder subscribed their respective hands on the day and in the manner appearing hereunder. SIGNED and DELIVERED at DAR ES SALAAM on behalf of (Supplier) by …………………………… who is known to me personally/ introduced to me by………………….. the latter being known to me personally this …day of………… 20…….. BEFORE ME: Name ………………………………… Signature ……………………………. Address ……………………………. Qualification ………………………. SIGNED and DELIVERED at DAR ES SALAAM on behalf of (Purchaser) by ……………………… who is known to me personally/ introduced to me by…………………. the latter being known to me personally this …day of…… 20…. BEFORE ME: Name ………………………………… Signature ……………………………. Address ……………………………… Qualification ………………………… …………………….. Supplier ……………………. Purchaser Dodoma GODFREY H. CHIBULUNJE 17th September, 2020. Director General 75
Part
PART II: ESSENTIAL DOCUMENTS TO BE ATTACHED/SUBMITTED
- 8 Verify source ↗
Section 8
AI-assisted research summary: An applicant must attach or submit the listed documents for the application to be complete, where appropriate.
8. The applicant shall be required where appropriate, to attach/submit the following documents for the application to be complete: (a) Certified copy of Certificates of Business Registrations which include: (i) Certificate of Incorporation; (ii) Memorandum of Association and Article of Association; and (iii) Business Licence. (b) TIN and VAT certificates 53 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) (c) Joint Venture (JV) contract (if applicable) (d) A project or business plan describing the scope of the proposed business activity; (e) Resume of at least three personnel with adequate skills in petroleum industry business operations; (f) proof of ownership of a depot at the entry points (i.e. Dar es Salaam, Tanga and Mtwara) or hospitality agreement to use a depot located at entry points (i.e. Dar es Salaam, Tanga and Mtwara) of five years if the applicant is not the owner of the depot; (g) Proof of financial capability which can be either of the following: (i) a bank guarantee or credit facility of not less than one billion and five hundred million Tanzania Shillings or equivalent in convertible currency; (ii) a bank statement of not more than three months to the date of application showing a credit balance of not less than one billion and five hundred million Tanzania Shillings or equivalent in convertible currency at a bank or financial institution licensed by the Bank of Tanzania to act as such; (iii) a letter of comfort from a financial institution or a bank licensed by the Bank of Tanzania that confirms that the bank or the financial institution shall extend a facility to the applicant for the amount of not less than one billion and five in hundred million Tanzania Shillings or equivalent convertible currency provided that the letter shall be signed by the chief executive officer or an authorized signatory of the financial institution or a bank; (iv) an audited financial statement showing annual gross turn over of not less than three billion and six hundred million Tanzania Shillings or equivalent in convertible currency; or (v) a proof of a support from a parent company which shall be in form of the following: approval of the Board of Directors of such parent company; and a proof of financial capability of the parent company which shall be either; an audited financial statement showing annual gross turnover of not less than three billion and six hundred million Tanzania Shillings or equivalent in convertible currency; or a bank statement of not more than three months to the date of application showing a credit balance of not less than one billion and five hundred million Tanzania Shillings or its equivalent in convertible currency. (h) Duly filled integrity pledge form; (i) Proof of payment of an EWURA application fee PART III – ESSENTIAL DOCUMENTS TO BE ATTACHED
Part
PART III – ESSENTIAL DOCUMENTS TO BE ATTACHED
- 9 Verify source ↗
Section 9
AI-assisted research summary: The applicant must list and attach specified supporting documents with the application.
9. List and attach the following informations: Copy of construction approval from EWURA (applicable for depots constructed from April 2009) Environmental Impact Assesment or Environmental Audit certificate (as 54 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) applicable) OSHA certificate certified copy of a valid Fire Certificate from the Fire Department Engeenering layout plan duly signed by a registered engeener EWURA receipts as proof of payment of an application fee Duly filled integrity pledge form Resume of adequate skilled personnel Emergency Response Plan Other (specify) PART IV – DECLARATION BY THE APPLICANT
Part
PART IV – DECLARATION BY THE APPLICANT
- 10 Verify source ↗
Section 10
AI-assisted research summary: Applicants must complete the form, attach required enclosures, and provide all required information; EWURA will not process an incomplete application.
10. I…...................….. (insert name) being…….............................… (insert title/position) hereby declare that I am authorized to make this application on behalf of the (insert the name of the applicant.............). I further declare that to the best of my knowledge the information supplied herein are correct. _____________________ ___________________ Signature Date 55 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO. 817 (Contd.) PETROLEUM PRODUCTS STORAGE BUSINESS LICENCE FORM NO. 2C For EWURA Use Only Date Received: File Number: IMPORTANT NOTE: Complete this form and return it with all other relevant enclosures to the Director General at the above address. In order to avoid unnecessary delays, answer fully all items and submit to EWURA all of the required information . You may submit your application electronically or by delivering the same to EWURA offices. EWURA will not process this application until it has been found to be complete. Where options are given, tick the relevant box. Leave no item unanswered or un-ticked. If an item seems not applicable to the specific application, you should indicate with block capitals N/A meaning Not Applicable. You should ensure that all required documentation are enclosed and that each separate sheet of information attached to the application corresponds to a specific item in the application. PART I: DETAILS OF THE APPLICANT
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The Petroleum (Wholesale, Storage, Retail and Consumer, Installation Operations) Rules, 2020
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