The Petroleum (Liquefied Petroleum Gas Operations) Rules, 2020
This provision is titled “Interpretation” and appears before provisions on preliminary matters and application for a construction approval.
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About this statute
This provision is titled “Interpretation” and appears before provisions on preliminary matters and application for a construction approval. This section is about applying for construction approval. This section concerns the suspension and revocation of construction approval. This provision is titled “Power to enter and close facility,” but the supplied text is too fragmentary to support any more specific rule. This section concerns an integrity pledge and an accompanying application fee.
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Provisions of The Petroleum (Liquefied Petroleum Gas Operations) Rules, 2020
Showing 123 of 123
- 3 Verify source ↗
Interpretation
AI-assisted research summary: This provision is titled “Interpretation” and appears before provisions on preliminary matters and application for a construction approval.
3. Interpretation. PART I PRELIMINARY PROVISIONS PART II APPLICATION FOR A CONSTRUCTION APPROVAL
Part
PART II
- 4 Verify source ↗
Application for construction approval
AI-assisted research summary: This section is about applying for construction approval.
4. Application for construction approval. - 7 Verify source ↗
Suspension and revocation of construction approval
AI-assisted research summary: This section concerns the suspension and revocation of construction approval.
7. Suspension and revocation of construction approval. PART III LICENSING PROCEDURES - 4 Verify source ↗
(1) A person shall, before constructing a facility for
AI-assisted research summary: Before building an LPG facility, a person must get construction approval from the Authority, apply in the required form, and include the prescribed non-refundable fee.
4. – (1) A person shall, before constructing a facility for LPG business, seek and obtain a construction approval from the Authority. (2) A person who intends to construct a facility for LPG business shall apply to the Authority for a construction approval by filling in Form No. 1 set out in the Schedule to these Rules or as otherwise described by the Authority. (3) The application under subrule (2) shall be accompanied by a non-refundable application fee as shall be prescribed by the Authority. (4) Any person who constructs a facility without seeking and obtaining a construction approval from the Authority commits an offence and shall, on conviction, be liable to a fine of twenty million shillings or imprisonment for a term of not less than three years or to both. - 5 Verify source ↗
(1) The Authority shall, upon receipt of an application
AI-assisted research summary: The Authority must review an application for construction approval, check compliance with specified requirements, and either grant or deny the approval.
5.-(1) The Authority shall, upon receipt of an application under rule 4(2), evaluate such application and decide whether to grant or deny the construction approval. (2) The Authority shall, while making a decision whether to grant or deny a construction approval, make sure that the application have complied with- (a) the requirements of rule 4 (2) and (3); (b) the requirements of land ownership and land use laws; and (c) health, safety and environmental requirements. (3) The Authority shall, where after evaluation is satisfied that the applicant has complied with the requirements under this rule, grant and issue a construction approval to the 8 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted applicant and notify the applicant accordingly. (4) The Authority shall cause the construction approval to be published in the Gazette. (5) The Authority shall, where it denies an application for a construction approval, inform the applicant of such decision in writing, including the reasons thereof. Duration of construction approval - 6 Verify source ↗
(1) A construction approval issued under rule 5(3)
AI-assisted research summary: A construction approval stays in force only for the period the Authority allows, and it ends if construction is not started within 24 months of approval.
6.-(1) A construction approval issued under rule 5(3) shall remain in force for such a period the Authority may allow. Suspension and revocation of construction approval (2) The construction approval issued by the Authority 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 issuance of approval. (3) The Authority may, on its own or upon receipt of an application by the holder of the construction approval, extend the duration of the construction approval for such period as it may think fit. - 7 Verify source ↗
(1) The Authority may, by notice in the Gazette,
AI-assisted research summary: The Authority may withdraw, suspend, reinstate, or temporarily stop construction work related to a construction approval, and must give the holder at least 21 days’ notice before intending to withdraw, suspend, or amend it.
7.–(1) The Authority may, by notice in the Gazette, withdraw or suspend a construction approval if any of the terms and conditions of construction approval have not been complied with. (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) Notwithstanding the provisions of subrules (1) and (2) the Authority may, by notice in the Gazette, withdraw or suspend a construction approval on the application or with the consent of the holder of such approval. (4) 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. (5) Without prejudice to the provisions of subrule (2), the Authority may, pending the expiry of the notice under that subrule and where there are compelling reasons to do so, order the holder of the construction approval to stop the construction work. PART III 9 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted LICENSING PROCEDURES Obligation to obtain licence
Part
PART III
- 9 Verify source ↗
Power to enter and close facility
AI-assisted research summary: This provision is titled “Power to enter and close facility,” but the supplied text is too fragmentary to support any more specific rule.
9. Power to enter and close facility. 1 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted - 12 Verify source ↗
Integrity pledge and application accompanying fee
AI-assisted research summary: This section concerns an integrity pledge and an accompanying application fee.
12. Integrity pledge and application accompanying fee. - 13 Verify source ↗
Publication of licence applications
AI-assisted research summary: This section is about the publication of licence applications.
13. Publication of licence applications. - 16 Verify source ↗
Application for transfer of licence
AI-assisted research summary: This section concerns applications for transfer of a licence.
16. Application for transfer of licence. - 20 Verify source ↗
Suspension or revocation of licence
AI-assisted research summary: This section is titled “Suspension or revocation of licence” and sits in Part IV on the general obligations of a supplier and a dealer.
20. Suspension or revocation of licence. PART IV GENERAL OBLIGATIONS OF A SUPPLIER AND A DEALER - 8 Verify source ↗
(1) A person shall not conduct a regulated activity
AI-assisted research summary: A person may not conduct a regulated activity unless they first seek and obtain a licence from the Authority.
8.-(1) A person shall not conduct a regulated activity without seeking and obtaining a licence from the Authority. (2) The Authority shall issue licenses in respect of the following activities: (a) LPG wholesale business; and (b) LPG distribution business. (3) Any person who contravenes the provisions of subrule (1) commits an offence and shall, on conviction, be liable to a fine of twenty million shillings or imprisonment for a term of not less than two years. Power to enter and close facility - 9 Verify source ↗
Notwithstanding the penalty prescribed under rule
AI-assisted research summary: If the Authority determines that someone has contravened rule 8(1), it shall enter the facility and close it down, despite the penalty under rule 8(3).
9. Notwithstanding the penalty prescribed under rule 8(3), the Authority shall, where it determines that any person has contravened the provisions of rule 8 (1), enter upon any facility and close it down. Licensing requirements - 10 Verify source ↗
(1) A person shall not be issued with an LPG
AI-assisted research summary: An LPG wholesale or distribution licence cannot be issued unless the applicant meets listed technical and financial requirements; the Authority may also issue a licence with extra conditions to be met within a prescribed time.
10.–(1) A person shall not be issued with an LPG wholesale licence unless his application meets the following technical and financial requirements: (a) possession of a storage depot with capacity of receiving at least Seven Hundred and Fifty metric tonnes and a filling plant that complies with approved specification and petroleum industry best practices or hospitality agreement with another licensee who has storage facility with at least five thousand metric tonnes; (b) possession of LPG cylinders with a combined minimum capacity of twenty five metric tonnes and shall have distinguishable mark; (c) possession of adequate skilled personnel; and (d) proof of financial capability which is either- (i) an audited financial statement showing annual gross turnover of not less than one billion Tanzania shillings or equivalent in convertible currency; (ii) a bank statement showing a balance of not less than one billion Tanzania shillings; (iii) a bank guarantee or credit facility of not less than one billion Tanzania Shillings from a bank or financial institution licensed by the 10 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted Bank of Tanzania; or (iv) a from a letter of comfort financial institution or a bank licenced by the Bank of Tanzania that confirms that the bank or the financial institution shall extend a loan to the applicant for the amount not less than one billion Tanzania Shillings, provided the letter shall be signed by the chief executive officer or an authorized signatory of the institution or the bank. (2) Notwithstanding the provisions of subrule (1), an applicant may rely on the financial capability of its parent company provided that- (a) such departure is supported by a written consent or guarantee from such parent company; and (b) the applicant shall submit proof of financial capability of the parent company which shall be either- (i) 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 (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 its equivalent in convertible currency. (3) A person shall not be issued with an LPG distribution application meets the following technical licence unless his and financial requirements: (a) possession of LPG cylinder storage area complies with petroleum industry best practises; (b) dealership agreement with a licensed wholesaler; and (c) possession of adequate skilled personnel. (4) Notwithstanding the generality of subrule (1), the Authority may issue a licence with specific conditions to be fulfilled within a prescribed time. that Application for licence - 11 Verify source ↗
Any person who intends to undertake a regulated
AI-assisted research summary: A person intending to carry on a regulated activity must apply to the Authority for a licence using Form No. 2, unless the Authority otherwise prescribes a different form.
11. Any person who intends to undertake a regulated activity shall apply to the Authority for a licence by filling in Form No. 2 set out in the Schedule to these Rules or as otherwise prescribed by the Authority. 11 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted Integrity pledge and application fee Publication of licence applications - 12 Verify source ↗
An application for a licence shall be accompanied by
AI-assisted research summary: A licence application must include a signed integrity pledge form and a non-refundable application fee prescribed by the Authority.
12. An application for a licence shall be accompanied by a duly signed integrity pledge form set out as Form No. 3 in the Schedule to these Rules and a non-refundable application fee as shall be prescribed by the Authority.
Part
PART IV
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Maintenance of records, provision and disclosure of information
AI-assisted research summary: This section is about maintaining records and providing or disclosing information.
24. Maintenance of records, provision and disclosure of information. - 25 Verify source ↗
Obligation to provide information to NPGIS
AI-assisted research summary: This provision is titled as an obligation to provide information to NPGIS.
25. Obligation to provide information to NPGIS. - 27 Verify source ↗
Execution of dealership agreement
AI-assisted research summary: This section is titled “Execution of dealership agreement.”
27. Execution of dealership agreement. PART V ENVIRONMENTAL PROTECTION - 21 Verify source ↗
(1) A supplier and a dealer shall
AI-assisted research summary: Suppliers and dealers must follow legal and Authority requirements, avoid selling empty or underfilled cylinders, report dangerous incidents quickly, secure unattended facilities, keep records and evidence available, and suppliers have extra duties on testing, disposal, notifications, monitoring, invoicing, and cylinder tracking.
21.–(1) A supplier and a dealer shall- (a) comply with- (i) (ii) (iii) (iv) (v) applicable law; orders and directives of the Authority; these Rules; provisions related local content as to provided for in the Act and regulations made by the Minister where applicable; and petroleum industry best practises; (b) not sell or offer for sale an empty or under filled cylinder; (c) inform the Authority as soon as practicable, but in any event not more than twenty four hours after the occurrence of a dangerous situation or incident related to its regulated activity, LPG retail business or occurring within its facility, including the steps taken or proposed to be taken to remedy such situation or to eliminate or minimize the danger arising from such situation; (d) when a facility is left unattended, ensure that- (i) all electrical power to the dispensing equipment is switched off; and (ii) the dispensers, all cylinders and related equipment are adequately secured to prevent unauthorized access and use; (e) upon request, make available to the Authority records of the regulated activity; (f) maintain and make available to the Authority upon request documentary evidence that- 16 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted (i) all electrical equipment and installations in the premises relevant for the conduct of its regulated activity comply with existing relevant codes or legislation; and (ii) areas of the premises where flammable gases or vapours may occur comply with existing relevant codes or legislation; and (g) not engage in any activity that disrupt or interfere with competition. (2) Notwithstanding subrule (1), a supplier shall- (a) ensure that the testing and measuring instruments used for its regulated activity are accurate and calibrated by the certification authority; (b) ensure that a cylinder is disposed of safely and in compliance with the applicable laws; (c) conduct business in such a way that- (i) (ii) bulk customers and customers are treated fairly and equally; and comparable services are provided to all bulk customers and customers; (d) as soon as practicable, but in any event not later than thirty days after it becomes aware of the fact, notify the Authority- (i) (ii) (iii) if it is unable to conduct its regulated activity; if the conduct of its regulated activity would or might lead to the breach of any of these Rules or materially affect services to the customers; or of any material change in circumstance that adversely affects its regulated activity; (e) cause the operator to be present on a facility at all times; (f) notify the Authority of any change of its address, name or location not later than seven days after such change; (g) establish and maintain updated list of all distributors and dealers, as the case may be, that the supplier has a dealership agreement with; (h) establish a mechanism of monitoring the activities and operations of all its distributors that a supplier 17 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted has a dealership agreement with and such mechanism shall include- (i) inspections; (ii) provision of technical support; (iii) information on sales volume, location of the distributors and dealers; and (iv) agent number; (i) assign specific identification number to its distributor and dealer as the case may be, that the supplier has a dealership agreement with; (j) display in conspicuous place at its facility its specific identification number issued by a wholesaler; (k) issue an invoice in all transactions relating to LPG which shall specifically set out- (i) (ii) (iii) (iv) its registered name and address; the quantity and price of LPG sold, transported, filled or re-filled; the date of the transaction; in the case of the sale of LPG in cylinders- (aa) the brand of the product; (bb) the gross weight of a cylinder, including the contents thereof; (cc) the total price; and (dd) the unit price per cylinder. (cc) Protection of lives and property (3) Notwithstanding subrules (1) and (2), a supplier shall establish and maintain an electronic system or mechanism of monitoring and tracking of its LPG cylinders. - 22 Verify source ↗
(1) A supplier and a dealer shall, while storing,
AI-assisted research summary: Suppliers and dealers must take reasonable precautions when dealing with LPG, and they must dispose of LPG-related waste lawfully and at proper disposal sites.
22.-(1) A supplier and a dealer shall, while storing, keeping, handling, conveying, using or disposing of LPG, 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 supplier or a dealer shall dispose of any waste related to LPG business in a manner and at a place intended for the safekeeping and dumping of such products in accordance with the applicable laws and petroleum industry best practises. Compensatio - 23 Verify source ↗
(1) A supplier shall be obliged to compensate any
AI-assisted research summary: A supplier must compensate a person who suffers loss from a regulated activity.
23.–(1) A supplier shall be obliged to compensate any 18 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted n for loss suffered Maintenance of records, provision and disclosure of information Obligation to provide information to NPGIS person who has suffered any loss as a result of a regulated activity. (2) Any person who has suffered loss as a result of the regulated activity shall lodge a complaint with a supplier whose activity has caused such loss with a view to reaching an amicable settlement. (3) Where no settlement is reached under subrule (2), the person who has suffered loss may refer the matter to the Authority for determination. (4) For the purpose of this rule, the term “person” includes an administrator, executor or executrix of the estate of a deceased person. - 24 Verify source ↗
(1) Every supplier shall at all times
AI-assisted research summary: Suppliers must keep complete and accurate regulated-activity records and data, and promptly give the Authority related documents, records, or information when required and directed.
24. - (1) Every supplier 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 pursuant to its directions, promptly provide to the Authority documents, records or information related to its regulated activity. (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, on conviction be liable to a fine of not less than twenty million shillings or to imprisonment for a term of not less than five years or to. - 26 Verify source ↗
(1) A supplier shall lodge to the NPGIS the
AI-assisted research summary: A supplier must lodge specified LPG stock, sales, import, export, and transit information to NPGIS, using internet or SMS channels.
26.–(1) A supplier shall lodge to the NPGIS the following informations: (a) LPG stock levels on daily basis; (b) LPG sale by quantity and region on monthly basis; (c) as appropriate, LPG importation by quantity and source on monthly basis; (d) LPG exportation by quantity and destination, on monthly basis; and (e) LPG products in transit by quantity and destination on monthly basis. (2) A supplier shall lodge the information under subrule (1), through- (a) internet or short; (b) message services (sms). Confidential information - 26 Verify source ↗
(1) Any information received by the Authority from a
AI-assisted research summary: The Authority may treat information as confidential and restrict its publication; a licensee may ask the Authority not to circulate specific information it provided, but cannot refuse to give information to the Authority just because it is confidential.
26.-(1) Any information received by the Authority from a 19 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted Execution of dealership agreement supplier in compliance with these Rules and applicable laws shall be presumed to be not confidential. (2) A to withhold licensee shall not be entitled 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 that such information is confidential. - 27 Verify source ↗
(1) A super dealer shall not conduct LPG distribution
AI-assisted research summary: Super dealers and dealers may only operate LPG distribution or retail business if they have the required dealership agreement and follow the supply and notice rules.
27.–(1) A super dealer shall not conduct LPG distribution business, unless he has entered into a dealership agreement with a wholesaler and that he shall procure LPG from the wholesaler whom he has a contract with. (2) A dealer shall not conduct LPG retail business, unless he has entered into a dealership agreement with a super dealer and that he shall procure LPG from the super dealer whom he has a contract with. (3) A super dealer or a dealer shall, where he enters into agreement with different wholesalers or super dealers, ensure it has an authorised spaces for each product. (4) A wholesaler or super dealer, shall within thirty days after receipt of a written request for a dealership agreement from a super dealer or a dealer, as the case may be, notify such super dealer or dealer whether he has accepted or denied the request. (5) A wholesaler and a super dealer shall execute and make available to the Authority upon request the dealership agreement signed. (6) A wholesaler or super dealer may refuse a request for a dealership agreement made by a super dealer or dealer as the case may be, where the request made is not economically or technically feasible and may result in a wholesaler or super dealer being unduly prejudiced. (7) A wholesaler or a super dealer shall, where he denies a request for a dealership agreement, give reasons in writing. (8) Notwithstanding any agreement to the contrary, any party to a dealership agreement may terminate the dealership agreement where it determines that the operation of the other party is in violation of these Rules and the applicable laws. 20 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted (9) Any party to a dealership agreement may terminate the dealership agreement for any other reason than that stated under rule (8), provided that a prior notice of sixty days is given to the other party. (10) A super dealer or dealer who is aggrieved by the refusal of the dealership agreement by the wholesaler or super dealer or the termination of the dealership agreement may refer the matter to the Authority for determination. (11) Notwithstanding the generality of this rule, a wholesaler shall identify and prepare a list of all super dealers it has a dealership agreement with. (12) A super dealer shall, within thirty days from the date it procures a dealership agreement with another wholesaler whom he had not entered into agreement with at the time of applying for a licence, notify the Authority by submit a certified copy of a dealership agreement. (13) The supplier is prohibited to possess cylinders of a wholesaler or super dealer that he has no dealership agreement with and cylinders found to be in possession shall, in addition to the penalty prescribed under subrule 14, be returned to the wholesaler. (14) Any person who contravenes the provisions of this rule commits an offence and shall, on conviction, be liable to a fine of not less than five million shillings or to imprisonment for a term of not less than three years or to both. PART V ENVIRONMENTAL PROTECTION Compliance with environment al laws and standards
Part
PART V
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Compliance with environmental laws and standards
AI-assisted research summary: This section is titled “Compliance with environmental laws and standards” and appears under Part VI on technical obligations for suppliers and dealers.
28. Compliance with environmental laws and standards. PART VI TECHNICAL OBLIGATIONS OF A SUPPLIER AND A DEALER - 28 Verify source ↗
(1) Every supplier and every dealer shall comply with
AI-assisted research summary: Suppliers and dealers must comply with applicable environmental laws and standards for facilities and retail outlets; suppliers also must do an environmental impact assessment, take preventive measures against pumping pollution, follow strict safety standards, and perform environmental audits, subject to applicable law.
28.-(1) Every supplier and every dealer shall comply with the requirements of all applicable environmental laws and standards related to a facility and a retail outlet as appropriate. (2) Subject to applicable law a supplier shall- (a) carry out an environmental impact assessment before facility or making a major establishing a improvement to an existing facility; (b) take all necessary preventive measures to avoid its pumping pollution resulting from operating stations, treatment plants, or networks; (c) observe strict environmental, health, and industrial safety standards as required by applicable law; and (d) perform an environmental audit related to regulated 21 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted activity in accordance with applicable laws. (3) For the purpose of subrule (2) (a) the term “major improvement” means an improvement that aims at expanding the size of the facility and increasing the number of storage tanks. PART VI TECHNICAL OBLIGATIONS OF A SUPPLIER AND A DEALER Compliance with specification s and standards Provision of technical support
Part
PART VI
- 29 Verify source ↗
Compliance with specifications and standards
AI-assisted research summary: This section concerns compliance with specifications and standards.
29. Compliance with specifications and standards. - 31 Verify source ↗
Conditions on use of cylinders and seals
AI-assisted research summary: This section concerns conditions on the use of cylinders and seals.
31. Conditions on use of cylinders and seals. - 32 Verify source ↗
Prohibition to undertake illegal refilling
AI-assisted research summary: This section states a prohibition on illegal refilling.
32. Prohibition to undertake illegal refilling. - 35 Verify source ↗
Reference of violation to certification authority
AI-assisted research summary: This provision concerns the reference of a violation to a certification authority.
35. Reference of violation to certification authority. - 39 Verify source ↗
Deceptive trade practices
AI-assisted research summary: Section 39 is titled “Deceptive trade practices.”
39. Deceptive trade practices. 2 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted - 41 Verify source ↗
Handling of LPG cylinder above 16 Kgs
AI-assisted research summary: This section is about handling an LPG cylinder above 16 Kgs.
41. Handling of LPG cylinder above 16 Kgs. - 42 Verify source ↗
Provision of fire extinguishing equipment
AI-assisted research summary: Provision 42 is about fire extinguishing equipment.
42. Provision of fire extinguishing equipment. - 45 Verify source ↗
Site restoration
AI-assisted research summary: This section is titled “Site restoration” and appears in Part VII on compliance and enforcement.
45. Site restoration. PART VII COMPLIANCE AND ENFORCEMENT - 29 Verify source ↗
(1) A supplier shall comply with the approved
AI-assisted research summary: A supplier must follow approved LPG specifications, and may not deviate without prior Authority approval.
29.–(1) A supplier shall comply with the approved specifications pertaining to the handling, storage and composition of an LPG which is consistent with the Act, these Rules and applicable laws. (2) A supplier shall not deviate from any approved specification without prior approval of the Authority and the Authority shall not grant such an approval unless it is satisfied that such deviation is for public interest and will not negatively affect public safety and the environment. - 30 Verify source ↗
(1) Notwithstanding any provision of these Rules
AI-assisted research summary: Wholesalers and super dealers must provide technical support to their downstream partners and ensure their businesses and facilities comply with the Rules and the Act.
30.-(1) Notwithstanding any provision of these Rules- (a) that a wholesaler shall provide technical support to a super dealer with whom it has a dealership its LPG agreement and shall ensure wholesale business is conducted in accordance with these Rules and its facility complies with the requirements prescribed in the Act and these Rules; and a super dealer shall provide technical support to a dealer with whom it has a dealership agreement and shall ensure that its LPG retail business is conducted in accordance with these Rules and its retail outlet complies with the requirements prescribed in the Act and these Rules. (b) (2) Notwithstanding any provision of these Rules- (a) a super dealer shall be deemed to be an agent of a wholesaler with whom it has a dealership agreement, and the said wholesaler shall be responsible for all the conducts of the super dealer; and a dealer shall be deemed to be an agent of a super dealer with whom it has a dealership agreement, and the said super dealer shall be responsible for all the conducts of the dealer. (b) 22 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted Condition on use of cylinders and seals - 31 Verify source ↗
(1) A supplier shall not use any cylinder for storage,
AI-assisted research summary: Suppliers must only use LPG cylinders that are safe, leak proof, undamaged, properly marked, and sealed after filling or refilling.
31.–(1) A supplier shall not use any cylinder for storage, handling, filling or re-filling of LPG unless such cylinder is completely leak proof, undamaged and suitable and safe for such storage, handling, filling or re-filling. (2) A supplier shall not use a cylinder that poses or may pose a significant risk of environmental harm or harm to the safety or health of any person or property. (3) A supplier shall ensure all cylinders are marked Cap. 340 according to the provisions of the Weights and Measures Act. (4) A supplier shall use a cylinder that is clearly marked in accordance with these Rules. (5) A supplier shall ensure that all cylinders are sealed after filling or refilling. (6) The seal described under subrule (5) shall be of the type that must be broken or destroyed before LPG can flow out of the cylinder. (7) A wholesaler, a super dealer and a dealer shall be jointly and severally liable for providing cylinders with no seal or a broken seal. (8) Any supplier who sells, offers for sale or distributes a cylinder with a broken seal or with no seal commits an offence and shall, on conviction, be liable to a fine of ten million shillings or imprisonment for a term of not less than two years or to both. - 32 Verify source ↗
(1) A person shall refill a cylinder at a refilling
AI-assisted research summary: People must refill cylinders only at a refilling centre. Illegal refilling, or allowing an LPG cylinder to be used for illegal refilling, is an offence, with imprisonment or a fine. The Authority may destroy equipment used in illegal refilling.
32.–(1) A person shall refill a cylinder at a refilling centre. (2) Any person who contravenes the provisions of subrule (1) commits an offence and shall, upon conviction, be imprisoned for a term of not less than three years. (3) A wholesaler who permits his LPG cylinder to be used for illegal refilling commits an offence and shall, on conviction be liable to a fine of twenty million shillings. (4) Notwithstanding the provisions of subrule (2) and rule 27(13) and (14), the Authority shall have power to destroy the equipment used in illegal refilling. Prohibition to undertake illegal refilling Prohibition on under filling Cap. 340 - 33 Verify source ↗
(1) A wholesaler, super dealer or a dealer shall
AI-assisted research summary: Wholesalers, super dealers, and dealers must ensure LPG cylinders carry the correct net quantity required by the Weights and Measures Act.
33.–(1) A wholesaler, super dealer or a dealer shall ensure that cylinders carry the net LPG quantity as required by the provisions of the Weights and Measures Act. (2) The following circumstances shall raise a presumption that a cylinder is under filled: 23 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted Use of calibrated weighing scales Reference of violation to certification authority (a) a broken seal; (b) a seal that has been tampered with; or (c) the absence of a seal. (3) Possession of an under filled cylinder that has not been so identified or that has not been removed from a facility or a retail outlet, shall raise a presumption that such cylinder is for sale. - 34 Verify source ↗
A wholesaler, a super dealer and a dealer shall
AI-assisted research summary: Wholesalers, super dealers, and dealers must keep a suitable cylinder weighing scale at the facility or retail outlet and use weighing before sale to confirm LPG quantity.
34. A wholesaler, a super dealer and a dealer shall- (a) maintain at all times on its facility or a retail outlet as the case may be, a weighing scale suitable for cylinders and such weighing scale shall be calibrated and sealed by the certification authority; and (b) prior to selling or offering for sale, ensure by weighing, that the LPG in a cylinder meets the required quantity. - 35 Verify source ↗
(1) A wholesaler, a super dealer or dealer who
AI-assisted research summary: Wholesalers, super dealers, and dealers who handle under-filled cylinders or fail to keep weighing equipment and LPG measurements as required may be referred to the certification authority. Super dealers and dealers must also return cylinders that do not meet the prescribed standards to a wholesaler.
35.–(1) A wholesaler, a super dealer or dealer who- (a) sells, offers for sale or distributes an under filled cylinder as provided for under rule 33; (b) fails or ignores to maintain a calibrated weighing scale in its facility as required under rule 34; or (c) fails or refuses to maintain a weighing scale or to weigh the LPG contents in a cylinder, shall be referred to the certification authority for action. (2) Notwithstanding the provisions of subrule (1), a super dealer or dealer shall be required to return the cylinders that do not meet the prescribed standards to a wholesaler. Marking of cylinders - 36 Verify source ↗
(1) A cylinder shall, at all times, have the owner’s
AI-assisted research summary: Cylinders must display the owner’s distinguishing colour and mark, carry specified labels, and wholesalers need Authority approval before using a distinguishing colour and mark.
36.-(1) A cylinder shall, at all times, have the owner’s distinguishing colour and mark. (2) The cylinder shall be clearly labelled with- (a) the owner’s brand name; (b) the cylinder ’s serial number; (c) the date of the last major service; and (d) other additional markings as required by the certification authority. (3) A wholesaler shall obtain an approval from the Authority prior using a distinguishing colour and mark on its cylinders. (4) A wholesaler shall not use a distinguishing colour and mark already approved and in use by another wholesaler. 24 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted Unloading of LPG - 37 Verify source ↗
(1) A wholesaler and a super dealer shall ensure that
AI-assisted research summary: Wholesalers and super dealers must make sure each LPG sales invoice includes the named party, the quantity, and the delivery point, and LPG must be unloaded with the named customer or bulk customer (or their representative) and at the designated delivery point.
37.–(1) A wholesaler and a super dealer shall ensure that a sales invoice for each shipment of LPG contains- (a) the name of a super dealer, dealer, bulk customer or customer, as the case may be; (b) the quantity thereof; and (c) the delivery point. (2) LPG shall be unloaded by, or in the presence of a customer, a bulk customer or their representative, as named on the sales invoice or transfer document. (3) LPG shall be unloaded at the delivery point designated by a customer or a bulk customer as indicated on the sales invoice or transfer document. - 38 Verify source ↗
(1) A supplier shall, upon refilling, ensure that a
AI-assisted research summary: Suppliers must keep cylinder valves and safety valves properly closed and sealed when refilling, and suppliers or dealers must not handle LPG cylinders with broken, defective, or improperly sealed closures.
38.-(1) A supplier shall, upon refilling, ensure that a cylinder valve and a safety valve is properly closed and sealed to protect it against a leak and tampering. (2)A supplier or dealer shall not import, sell, fill, re-fill or distribute an LPG in a cylinder that has- a broken or defective seal; or (a) (b) not been properly closed and sealed in accordance with subrule (1). (3) The suppliers and dealers shall ensure that a cylinder seal complies with the approved specification. Cylinder sealing Deceptive trade practices - 39 Verify source ↗
A person not shall engage in any activity that may
AI-assisted research summary: A person must not do anything that could deceive or mislead a customer about LPG brand name, composition, grade, or quantity.
39. A person not shall engage in any activity that may deceive, mislead, or have the effect of deceiving or misleading the customer, with respect to- (a) (b) the brand name of the LPG; and LPG’s composition, grade or quantity. Storage of LPG - 40 Verify source ↗
(1) A wholesaler, super dealer and dealer shall
AI-assisted research summary: Wholesalers, super dealers, and dealers handling LPG must follow the rules and licence requirements, keep operations safe, post signs at tank and cylinder locations, use leak-detection safeguards when storing LPG, give at least 30 days’ notice before certain major equipment work, and ensure storage tanks are calibrated by the certification authority.
40.–(1) A wholesaler, super dealer and dealer shall- (a) locate, construct, maintain and operate its works connected with storage of LPG in accordance with these Rules, respective licence, applicable laws and petroleum industry best practices; and (b) conduct its regulated activity or LPG retail business as the case may be, in such a way so as not to endanger public health or safety. (2) A wholesaler, super dealer and dealer shall mark with conspicuous signs on the place at which the storage tanks and 25 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted cylinders are located. (3) A wholesaler, super dealer and dealer shall, when storing LPG, employ appropriate safeguards measures to ensure that a leak is easily detected. (4) A wholesaler or a super dealer shall, where it intends to make replacement or installation of major equipment at a facility, notify the Authority not less than thirty days prior to commencing such replacement or installation in order to allow the Authority to make necessary inspections and issue necessary approvals. (5) A wholesaler and super dealer shall ensure that its storage tanks are calibrated by the certification authority. - 41 Verify source ↗
(1) A supplier shall not supply LPG cylinder above
AI-assisted research summary: A supplier must not supply LPG cylinders above 16 Kgs to a dealer and must monitor and track such cylinders and customers.
41.-(1) A supplier shall not supply LPG cylinder above 16 Kgs to a dealer. (2) A supplier shall maintain a list of customers of LPG cylinders above 16 Kgs and establish a mechanism of monitoring the activities and operations of such customers. (3) A supplier shall at all times ensure that it keeps track of all its LPG cylinders above 16 Kgs. (4) In the event an LPG cylinder above 16 Kgs cylinder is used in the illegal decanting and/or refilling, the supplier of such cylinder shall be deemed to be negligent and shall, on conviction, be liable to a fine of tanzanian shillings twenty million. Handling of LPG cylinder above 16 Kgs Provision of fire extinguishin g equipment - 42 Verify source ↗
(1) Pursuant to the applicable law, a wholesaler,
AI-assisted research summary: Wholesalers, super dealers, dealers, and suppliers must provide, maintain, place, and test fire safety equipment at relevant facilities and retail outlets.
42.-(1) Pursuant to the applicable law, a wholesaler, super dealer and a dealer shall provide and maintain adequate fire extinguishing equipment at a facility and a retail outlet as appropriate. (2) Notwithstanding the provisions of subrule (1), a supplier shall ensure that a facility or a retail outlet as appropriate is equipped with- (a) (b) (c) any emergency equipment required by applicable law for the use of a driver in an emergency situation; an hydrant system for a wholesaler to fight fires in the facility; and at least six fire extinguishers of 9 kg, dry powder type for a super dealer and two fire extinguishers 9 kg, dry powder type to fight fires in the facility or retail outlet as appropriate. 26 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted (3) A supplier shall position the equipment described under subrule (2) in accessible places at a facility where LPG is loaded, handled, offloaded or delivered. (4) A supplier shall, not less than once a year, test the equipment described under subrule (2) in accordance with its specification and applicable law. - 43 Verify source ↗
A supplier shall establish a fire emergency plan to be
AI-assisted research summary: A supplier must prepare a fire emergency plan for use if a fire occurs at a facility.
43. A supplier 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 Preparation of fire emergency plan comprises of- (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 (b) be made available to the Authority on request. Decommissi oning procedure - 44 Verify source ↗
(1) A facility may, subject to the provisions of the
AI-assisted research summary: Facilities may be decommissioned only in the ways listed here, and the licensee or owner must file a decommissioning plan, pay the fund, give notice, and cover any extra costs if the fund is not enough.
44. – (1) A 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 months; or (c) by an order of the Authority that the same be decommissioned where the Authority is satisfied that the continued operation of such facility poses or may pose a danger to lives and property. (2) A licensee or the owner of a facility shall, within one year from the date of complete construction of the facility or grant of a licence whichever comes first, submit to the Authority for approval a decommissioning plan substantiating the following- (a) bill of quantity of the planned decommissioning 27 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted approved by a registered quantity surveyor; and (b) the intended methods to be used during decommissioning. (3) The Authority shall, within forty five days from the date of receipt of the plan provided for under subrule (2), approve with such conditions as it may consider necessary. (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 subrule (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 the Authority make necessary inspections and to issue the necessary approvals. to enable in order Site restoration (7) Notwithstanding subrule (5), if 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. (8) The licensee or owner as the case may be, shall be updating the decommissioning plan in form of techniques and methods prevailing at a particular time. - 45 Verify source ↗
(1) A wholesaler or a super dealer shall, prior to
AI-assisted research summary: Before decommissioning a facility, a wholesaler or super dealer must restore it to its original state. The Authority must then issue a certificate of compliance after restoration and consult the Council before issuing it.
45.-(1) A wholesaler or a super dealer shall, prior to decommissioning a facility, restore the facility to its original state so that it does not pose a threat to the environment or the safety and health of the public. (2) The Authority shall, after completion of the restoration of a facility to its original state by a supplier, issue a certificate of compliance to a wholesaler or a super dealer confirming such restoration. means- (3) For the purposes of subrule (1) the term “restore” (a) (b) to return the area in which a facility is located to its original and natural state as it was before the construction and installation of the facility; or to render the area in which the facility is located, or 28 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted part thereof, compatible with its intended after-use, including- (i) (ii) removing buildings, structures, plant and debris; establishing of compatible contours and drainage; replacing top soil, re-vegetation, slope stabilization; and infilling of excavations. (4) The Authority shall, before issuing a certificate of (iii) (iv) Inspection of facility compliance under subrule (2), consult the Council. PART VII COMPLIANCE AND ENFORCEMENT
Part
PART VII
- 49 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.
49. Power to enter and close facility, building or premises. - 50 Verify source ↗
Obligation of inspector during inspection
AI-assisted research summary: This section is titled as an obligation of an inspector during an inspection.
50. Obligation of inspector during inspection. - 51 Verify source ↗
Prohibited acts against inspectors
AI-assisted research summary: This section is titled “Prohibited acts against inspectors.”
51. Prohibited acts against inspectors. PART VIII GENERAL PROVISIONS - 46 Verify source ↗
(1) The Authority may inspect a facility, a retail
AI-assisted research summary: The Authority and inspectors may inspect facilities, retail outlets, vehicles, equipment, and documents, and inspectors may also take samples and make copies during inspection. Suppliers, dealers, or operators must assist inspectors when required, and inspectors have a duty and right to enter premises or vehicles for inspection.
46.-(1) The Authority may inspect a facility, a retail outlet or a vehicle in accordance with these Rules and applicable laws. (2) The Authority may access and inspect a facility, retail outlet, vehicle, equipment and documents, and a supplier or a dealer or operator shall render such assistance to inspectors as may be required in the course of such inspection. (3) Notwithstanding the generality of subrule (2) an inspector shall have the right and obligation to enter upon any facility, retail outlet or vehicle for the purpose of conducting an inspection. (4) During inspection, an inspector may- (a) take samples of any substance or articles stored in a facility, retail outlet or vehicle for laboratory analysis; (c) (b) make copies or take extracts from any book, accounts or records kept on a facility, retail outlet or in the vehicle; inspect machinery, equipment, appliances, meters, fittings and apparatus; and inspect any vehicle that is found in a facility or at a retail outlet or any place outside a facility or retail outlet. (d) Notification of offences Cap. 392 - 47 Verify source ↗
(1) At the conclusion of an inspection and where it is
AI-assisted research summary: After an inspection, an inspector must issue a notification of offence if there is a violation, and may close a facility or seek impoundment if there is imminent danger.
47.-(1) At the conclusion of an inspection and where it is found that there is violation of the provisions of the Act, EWURA Act or these Rules, the inspector shall serve the person 29 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted Cap. 414 Issuance of compliance orders Caps. 392 and 414 Power to enter and close facility, building or premises in breach a notification of offence set out as Form No. 6 in the Schedule to these Rules and the person responsible for such violation shall be required to sign it. (2) Where the person admits the offence prescribed under the notification, he shall endorse his admission and pay the requisite penalty. (3) Where the person disputes the offence, he shall be issued with a compliance order and the criminal proceedings shall be instituted against him. (4) Upon the conclusion of the inspection and where the inspector is satisfied that the continued operation of the vehicle 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 of the said facility or vehicle 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 the facility or to obtain an order to impound a vehicle, shall note down the reasons which have compelled him to take such decision including all the available evidences. (6) A person who refuses to sign the notification of offence form upon being required by an inspector under subrule (1) commits an offence and shall, on conviction, be liable to a fine of not less than five million shillings or imprisonment for a term of not less than three years or to both.
Part
PART VIII
- 55 Verify source ↗
Authority to supplement procedures
AI-assisted research summary: This section heading states that the Petroleum (Liquefied Petroleum Gas Operations) Rules, 2020 include authority to supplement procedures.
55. Authority to supplement procedures. SCHEDULES 3 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted GOVERNMENT NOTICE NO. 823 published on 02/10/2020 THE PETROLEUM ACT, (CAP. 392) ________ RULES ______ (Made under section 259(1)) ________ THE PETROLEUM (LIQUEFIED PETROLEUM GAS OPERATIONS) RULES, 2020 PART I PRELIMINARY PROVISIONS Citation - 52 Verify source ↗
A person who is aggrieved by the decision made by
AI-assisted research summary: An aggrieved person may appeal to the Tribunal under the Fair Competition Act.
52. A person who is aggrieved by the decision made by the Authority under Part II and III of these Rules may lodge an appeal to the Tribunal in accordance with the provisions of the Fair Competition Act. - 53 Verify source ↗
A wholesaler shall ensure it maintain a receiving
AI-assisted research summary: A wholesaler must maintain a receiving terminal that can receive at least 750 metric tons of LPG at a time.
53. A wholesaler shall ensure it maintain a receiving terminal to allow it to receive at least seven hundred and fifty metric tons of LPG at a time. - 54 Verify source ↗
(1) The Petroleum
AI-assisted research summary: This section revokes the Petroleum (Liquefied Petroleum Gas Operations) Rules, 2018, but keeps existing orders, exemptions, and directives under those Rules in force until they are revoked, expire, or otherwise stop having effect.
54.-(1) The Petroleum (Liquefied Petroleum Gas Operations) Rules, 2018 are hereby revoked. (2) Notwithstanding the revocation of the Petroleum (Liquefied Petroleum Gas Operations) Rules, 2018, all orders, exemptions or directives made or issued or deemed to have been made or issued under those Rules and which have not been amended or revoked by these 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 Caps. 392 and 414 - 55 Verify source ↗
Where procedures are not provided for in these Rules,
AI-assisted research summary: If these Rules do not provide a procedure, the Authority may take necessary and permitted steps to decide the matter fully.
55. Where procedures are not provided for in these Rules, the Authority may do whatever is necessary and permitted by the Act, the EWURA Act and applicable laws to enable it to effectively and completely adjudicate on any matter before it. _______ SCHEDULE _________ FORMS APPLICATION FOR CONSTRUCTION APPROVAL FOR LPG STORAGE AND FILLING PLANT FORM (Made under rule 4 (2)) FORM NO. 1 32 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted 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. All separate sheets of information must be on a clean and clear A-4 paper. PART I: DETAILS OF THE APPLICANT
Part
PART I
- 1 Verify source ↗
These Rules may be cited as the Petroleum (Liquefied
AI-assisted research summary: These Rules may be cited as the Petroleum (Liquefied Petroleum Gas Operations) Rules, 2020.
1. These Rules may be cited as the Petroleum (Liquefied Petroleum Gas Operations) Rules, 2020. Application - 2 Verify source ↗
These Rules shall regulate the activities related to
AI-assisted research summary: These Rules regulate activities related to liquefied petroleum gas wholesale, distribution, and retail businesses.
2. These Rules shall regulate the activities related to liquefied petroleum gas wholesale business, distribution and retail businesses. Interpretatio n Cap. 392 Cap. 130 - 3 Verify source ↗
In these Rules, unless the context otherwise requires
AI-assisted research summary: This section defines terms used in the LPG rules, including Act, Authority, bulk customer, and bulk quantity.
3. In these Rules, unless the context otherwise requires- “Act” means the Petroleum Act; “applicable law” means any principal law, treaty, proclamation, regulation, rule, order or a by-law that is customarily treated in Tanzania as having legally binding force in matters pertaining to regulation of liquefied petroleum gas; “approved specification” means any specification or standard in relation to a petroleum product applied by the Authority and as approved pursuant to the Standards Act, and any other standards that are widely used for petroleum industry best practices; Cap. 414 “Authority” has the meaning ascribed to it under the EWURA Act; 4 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted Cap. 245 Cap. 414 Cap. 191 Cap. 414 “bulk customer” means a customer buying or who has a contract with a wholesaler or super dealer to be supplied with LPG in bulk quantity; “bulk quantity” means a single container of LPG of not less than 250 kg; “certification authority” means the Weights and Measures Agency established under the provisions of the Executive Agencies Act; “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 Environmental Management Act; “customer” means any person who is supplied with LPG on retail basis; “cylinder” means any portable or pressure container, together with all of its permanent accessories for the storage and handling of LPG; “dangerous situation” means a situation involving a petroleum product that- (a) endangers the safety or health of a person, or the safety of a person’s property; or (b) creates an environmental harm; immediate risk of significant “dealer” means any person conducting LPG retail business and for the purpose of these Rules shall be deemed as an agent of a super dealer; “dealership agreement” means the contractual arrangement that establishes, inter alia, an exclusive relationship between a wholesaler and a super dealer or between a super dealer and a dealer with respect to the purchase and sale of LPG; “distinguishing colour and mark” means a colour, features, pattern, brand name and trademark applied on the cylinder that can clearly differentiate between the cylinders owned by different wholesalers; “refill” means transfer of LPG from one cylinder to another; “EWURA Act” means the Energy and Water Utilities Regulatory Authority Act; “facility” includes the buildings, cylinders, storage tanks and parking areas, associated equipment and accessories used to conduct a regulated activity; 5 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted Cap. 427 “fire safety certificate” means safety certificate issued by the Fire and Rescue Authority pursuant to the Fire and Rescue Forces Act; its physical, chemical, reactive, “hazardous waste” means any petroleum product that by reason of any of toxic, flammable, explosive or corrosive characteristics causes danger or is likely to cause danger to health or environment, whether alone or when in contact with other wastes or substances; “incident” means- (a) an event that involves the leakage of LPG from storage tanks, a transport unit or a spill of LPG resulting from refilling and receiving activities; (b) death or personal injury occurring as a result of the conduct of a regulated activity or LPG business; (c) a fire or an event incidental to a fire resulting from the conduct of a regulated activity or LPG business; or (d) any other significant event that may adversely affect the conduct of a regulated activity or LPG business; “inspector” means an officer of the Authority or an agent appointed by the Authority to perform the functions of inspection as required under the Act and applicable law; “leak” means the discharge of LPG into the air or into any structure or thing; “licence” has the meaning ascribed to it under the Act; “licensee” means a holder of a licence; ‘licence fee” means a fee payable by a licensee as shall be prescribed by the Authority; “Liquefied Petroleum Gas” or “LPG” means any material having a vapour pressure not exceeding that allowed for commercial propane and composed of hydrocarbons, either by themselves or as mixtures, propane, propylene, butane and butylene; “LPG distribution business” means the storing, handling, filling, re-filling or selling of LPG to a dealer or bulk customer; “LPG (Distribution and Retail Business) Operational Guidelines” means the manual prepared by the Authority with instructions on how LPG distribution and retail business is to be conducted; “LPG retail business” means an activity necessary for storing, handling and selling LPG to a customer through a retail outlet; 6 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted “LPG wholesale business” means an activity necessary for the importation, storage, filling, re-filling, distribution or selling of LPG in bulk and retail quantity to a super dealer or a bulk customer and consumer respectively; “major equipment” means LPG storage tank, LPG cylinder’s re- filling facility, LPG bulk loading facility and LPG receiving pipeline; “Minister” means the minister responsible for petroleum affairs; “operator” means a person who is responsible for the day-to-day activities of a facility, whether such person is located on the relevant premises during business hours or is the owner of such facility and who for the purpose of these Rules, shall be deemed to have the authority and the ability to- (a) grant an inspector access to relevant premises and facilities to facilitate the performance of their duties; (b) detect any defect weakness within a facility and its judgment as to make an authoritative suitability for further use; answer questions raised by the inspectors; and (c) (d) witness the inspection process. “petroleum industry best practises” means any conduct related to a petroleum product intended to preserve product quality and meeting generally accepted health, safety and environmental requirements; “refilling center” means a facility operated by a wholesaler or a super dealer and duly authorized by the Authority to refill LPG cylinders in terms of rule 32; “regulated activity” has the meaning ascribed to it under the Act; “retail outlet” means any place where LPG is sold or offered for sale to a customer on retail basis; “specific identification number” means a specific number designated by a wholesaler to its distributor and a distributor to its dealer; “super dealer” means any person who has a dealership agreement with a wholesaler and has the rights and obligations to- (a) store, handle and sell LPG to a dealer; (b) sell LPG to a customer or a bulk customer; or (c) refill LPG to a customer through a refilling center; “supplier” means a person conducting a regulated activity in 7 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted Cap. 285 Application for construction approval Grant of construction approval connection with LPG wholesale business or LPG distribution business; “transport unit” means a truck, car, machinery, ship, railway wagon, barge or other means of transporting an LPG; “Tribunal” means the Fair Competition Tribunal established under the provisions of the Fair Competition Act; “wholesaler” means any person who imports, stores, handles, fills, refills and sells LPG directly to a bulk customer or a super dealer. PART II APPLICATION FOR A CONSTRUCTION APPROVAL
Part
Schedule to these Rules and a non-refundable application fee as
- 13 Verify source ↗
(1) A licence application received by the Authority
AI-assisted research summary: The Authority must check a licence application for completeness and legality, publish a notice in a widely circulated newspaper in Tanzania, and pay the publication costs.
13.–(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 a newspaper of wide circulation in Tanzania with a view of soliciting comments and representations on the application. (2) The costs of publication of the notice under subrule (1) shall be borne by the Authority. (3) The public shall be invited to submit their comments and representations within fourteen days from the date of publication and the comments and representations received shall be considered by the Authority in arriving at the decision on the application. Grant of licence - 14 Verify source ↗
(1) The Authority may, within sixty days from the
AI-assisted research summary: The Authority may decide a licence application within 60 days after receiving a complete application, and it may deny, refer back, or grant the licence.
14.-(1) The Authority may, within sixty days from the date of receiving a complete application and upon consideration of an application for a licence- (a) deny the application; (b) refer back the application to the applicant; or (c) grant the application and issue a licence. (2) The Authority shall, while making a decision to grant or deny a licence, take into consideration- (a) the licensing requirements in rules 10, 11 and 12; (b) objections or representations received from the public pursuant to rule 13; (c) compliance to land use laws; (d) distinguishing colour and mark of the cylinders; (e) the applicant’s record of compliance with the Act, these Rules and other applicable laws; (f) the compliance of a facility on matters related to- (i) (ii) (iii) (iv) (v) safety; health; security; handling of hazardous substances; and environmental protection; (g) any other matter relevant to the orderly conduct of 12 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted Duration of licence Application for transfer of licence LPG business in Tanzania. (3) After issuance of a licence, the applicant shall be notified to come and collect it upon payment of a licence fee. (4) The Authority shall, where it denies or refers back an application for a licence, inform the applicant of such decision in writing including the reasons thereof. - 15 Verify source ↗
(1) The term of a wholesale and distribution licence
AI-assisted research summary: A wholesale and distribution licence lasts five years, but the Authority may extend it on a licensee’s written application. The licence also stops having effect if the licensee does not conduct a regulated activity for six consecutive months after issuance.
15.–(1) The term of a wholesale and distribution licence shall be five years. (2) Notwithstanding the provisions of subrule (1), the Authority may, on the written application of a licensee, extend the period for such further period as the Authority may determine. (3) Notwithstanding the provisions of subrules (1) and (2), a licence shall cease to have effect if the respective licensee fails to conduct a regulated activity for six consecutive months after issuance of the licence. - 16 Verify source ↗
(1) A licence shall not be assigned or transferred to
AI-assisted research summary: A licence cannot be assigned or transferred to another person without the Authority’s written approval.
16. - (1) A licence shall not be assigned or transferred to another person without a written approval of the Authority. (2) A transferor or assignor of a licence shall apply to the Authority by filling in Form No. 4 set out in the Schedule to these Rules. (3) The Authority shall not entertain the application for a transfer or assignment of a licence unless it is endorsed by the transferee or assignee, as the case may be. (4) A licence transfer 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 of 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 notice and the comments and representations shall be considered by the Authority in arriving at the decision on the application. (7) The Authority shall, after the expiration of the period specified in the notice under subrule (6), evaluate the application 13 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted Change of name Change of shareholding structure together with comments received, if any, and make a decision whether to grant or deny the application for transfer or assignment. - 17 Verify source ↗
(1) A licensee may change its name pursuant to the
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 name change.
17. – (1) A licensee may change its name pursuant to the provisions of these Rules and applicable laws. (2) A licensee who has changed its name shall, within thirty days after such change, notify the Authority by a written notice accompanied by a certificate for change of name issued by relevant authorities. - 18 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 the Authority’s written approval.
18.-(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 to the Authority: (a) a duly signed and stamped deed of share transfer; (b) the current shareholding structure approved by Business Registration and Licensing Agency; (c) a letter of no objection from TRA to carry on the proposed business; (d) a letter of clearance from the Commission; and (e) a duly signed integrity pledge form set out as Form No. 3 in the Schedule to these Rules. (3) The Authority may, before approving the application the Fair for change Competition Commission and the Tanzania Revenue Authority. in shareholding structure, consult Application for renewal of licence - 19 Verify source ↗
(1) A licensee who wishes to renew its licence shall,
AI-assisted research summary: A licensee seeking renewal must apply to the Authority at least six months before expiry and include the required documents.
19.–(1) A licensee who wishes to renew its licence shall, not less than six months before expiration of the licence term, apply to the Authority for a renewal of the licence by filling in Form No 5 set out in the Schedule to these Rules. (2) The application for renewal of the licence shall be accompanied by- (a) a tax clearance certificate; and (b) for a LPG wholesaler- (i) a valid hospitality agreement the applicant has no storage depot that meets the specifications stated under these Rules; in case (ii) LPG importation records of the expiring licence; 14 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted Suspension or revocation of licence Cap. 392 (c) for LPG distribution licence, the existing dealership agreements. (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 the terms and conditions of the expiring licence. (5) The Authority shall not renew a licence of a licensee who has, during the term of the licence which has expired or is due to expire, ignored, resisted or wilfully neglected or failed to comply with its licence terms and conditions or any order given by the Authority to the said licensee and such actions are not remedied until the time of determining the application. (6) The Authority shall, where it denies an application for renewal of a licence, inform the applicant of such decision in writing including the reasons thereof. - 20 Verify source ↗
(1) A licence may be suspended or revoked by the
AI-assisted research summary: The Authority may suspend or revoke a licence for listed breaches, must give 21 days’ notice first, may waive suspension if the problem has stopped, and contravention of certain subrules can lead to a 3 million shilling fine on conviction.
20.–(1) A licence may be suspended or revoked by the Authority for a period of twelve months if a licensee- (a) violates any of the provisions of the Act or conditions attached to the licence which affects the conduct of a 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; (d) persistently fails to comply with the approved local content plans; (e) interrupts services to other users without authorization 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. 15 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted (2) The Authority shall, before suspending or revoking a licence, issue to a licensee a twenty one days notice of intention to suspend or revoke the said licence. (3) The Authority may 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. (4) Any person who contravenes the provisions of subrules (1) (b), (c), (d), (e), (f) and (g) commits an offence and shall, on conviction, be liable to a fine of three million shillings. PART IV GENERAL OBLIGATIONS OF A SUPPLIER AND A DEALER General obligations of supplier
Part
Schedule to these Rules and the person responsible for such
- 48 Verify source ↗
The Authority may, while discharging its regulatory
AI-assisted research summary: The Authority may issue a compliance order to the person responsible for a continued violation, when acting in its regulatory functions.
48. The Authority may, while discharging its regulatory functions and where it finds that there is a continued violation of 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. - 49 Verify source ↗
(1) Notwithstanding any provision in these Rules, an
AI-assisted research summary: An inspector may enter and close down a facility, building, or premises if a regulated activity there is in breach of the Act and these Rules, and police or other law enforcement must help if the inspector asks.
49.–(1) Notwithstanding any provision in these Rules, an inspector shall have the right and obligation to enter upon any facility, building or premises and close it down where he determines that a regulated activity being conducted therein is in contravention of the Act and these Rules. (2) An inspector may, while discharging his obligation under subrule (1), seek the assistance of law enforcement institutions including the police and such institution shall provide the requested assistance to the inspector. 30 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted Obligations of inspector during inspection Prohibited acts against inspectors - 50 Verify source ↗
(1) During inspection an inspector shall do the
AI-assisted research summary: Inspectors must identify themselves, explain the inspection, act fairly and professionally, avoid discrimination and conflicts of interest, and not use force or abusive language during inspections.
50.-(1) During inspection an inspector shall 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 (c) inspection; conduct himself with fairness, objectivity and integrity; (d) not engage in any form of discrimination, bias or (e) (f) harassment; refrain from taking part in duty where they have or may appear to have conflict of interest; carry out inspection in a professional manner in accordance with the requirements of these Rules, codes, guidelines, inspection checklist, standards, applicable industry best practices; and laws and petroleum (g) not use force or abusive, threatening and insulting language to a supplier, a dealer or any other person. (2) Any inspector who contravenes the provision of subrule (1) shall be dealt with in accordance with the Authority’s procedures. (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. - 51 Verify source ↗
(1) A supplier or a dealer shall not
AI-assisted research summary: Suppliers or dealers must not obstruct or insult an inspector, ignore an inspector’s requirement or notice, or refuse to answer the Authority’s questions when required.
51.-(1) A supplier or a dealer shall not- (a) hinder or obstruct an inspector in the exercise of any of the powers conferred upon it under these Rules; (b) use abusive, threatening or insulting language to an inspector; (c) deny or fail to comply with a requirement, direction or notice of an inspector; 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) A person who contravenes the provision of subrule (1) commits an offence and shall, on conviction, be liable to a fine of not less than twenty million shillings or to imprisonment for a term of not less than five years or to both. 31 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted PART VIII GENERAL PROVISIONS Appeal Cap. 285 Receiving terminals Revocation of GN No. 376 of 2018
Part
PART I: DETAILS OF THE APPLICANT
- 1 Verify source ↗
Section 1
AI-assisted research summary: This form asks the applicant to provide its name, business address, postal address, telephone and fax numbers, cell phone, and email.
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 Verify source ↗
Section 2
AI-assisted research summary: Provide the proposed facility’s location and complete address.
2. Location and complete address of the proposed facility (a) Location: Street……........….Plot No......................................... Block No…..............Building No……......................... (b) Postal Address: ........................................................ - 3 Verify source ↗
Section 3
AI-assisted research summary: This section asks for registration details to be filled in, including incorporation, compliance, business license, TIN, and VAT numbers.
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.………………………...........................……………. 33 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted - 4 Verify source ↗
Section 4
AI-assisted research summary: The applicant must indicate its legal status by selecting one of the listed entity types; if it is not a sole proprietor, registration documents should be attached.
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)................................... (if not sole proprietor please attach the registration documents) - 5 Verify source ↗
Section 5
AI-assisted research summary: The form asks for contact person details, including name, title, address, phone numbers, 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: If the applicant is in a joint venture with another entity, the applicant must provide specified contact and address details.
6. 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: ................................................... - 7 Verify source ↗
Section 7
AI-assisted research summary: This section is a fee payment form asking for the fee amount, payment mode, and receipt number.
7. Fee amount and method of payment: (a) Amount: TZS……………….….................…….….................... (b) Mode: Other (specify)................... (c) Fees Payment Receipt No. (Attach Copy) ............................. Cheque Cash PART II- LIST OF ENCLOSURES - 2 Verify source ↗
Section 2
AI-assisted research summary: Lists documents and registration numbers to be provided: certificate of incorporation, memorandum and articles of association where applicable, business license, TIN, and VAT number.
2. (a) Certificate of Incorporation No…….........................…… (b) Memorandum and Articles of Association (where applicable) (c) Business license No.……………...........................……………. (d) TIN No. ........................................................................ (e) VAT No.………………………...........................……………. ( - 3 Verify source ↗
Section 3
AI-assisted research summary: The applicant must provide physical and postal address details, plus contact information such as telephone, facsimile, cell phone, and e-mail.
3. Physical and postal Address of the Applicant: (a) Physical address: 37 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted Street……........….Plot No............. Block No…..............Building No……......................... (a) Postal Address: ......................................... (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 its legal status by selecting one of the listed entity types or specifying another type.
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: The form asks for contact person details, including name, title, physical address, postal address, phone numbers, fax, 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: This form section asks for the application fee amount, the payment method, and the fee receipt number.
6. Application Fee and Method of Payment: (a) Amount: TZS……….........…........................................….... (b) Mode: Cash Cheque Other (specify)........................ (c) Fees Payment Receipt No. (Attach Copy)............................. (d) PART II – ENCOLOSURE 38 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted - 1 Verify source ↗
Section 1
AI-assisted research summary: The form asks for the applicant’s name, including any trading name.
1. Name of Applicant (Insert trading name): - 2 Verify source ↗
Section 2
AI-assisted research summary: This section asks for registration details to be filled in where appropriate, including incorporation, compliance, business license, TIN, and VAT numbers.
2. 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.………………………...................................…….. 47 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted - 3 Verify source ↗
Section 3
AI-assisted research summary: This section asks for a facility’s address and contact details.
3. Address of facility (a) Physical address: Street……........….Plot No............. Block No…..............Building No……......................... (b) Postal Address: ......................................... (c) Telephone No: .......................................... (d) Facsimile: ............................Cell Phone................................ (e) E-Mail: .................................... - 6 Verify source ↗
Section 6
AI-assisted research summary: This section lists details to record for the current licence, including licence type, licence number, date issued, and expiry date.
6. Details of the Current Licence Type of a licence:………………………. Licence No. ……………………………. Date Issued…………………………….. Expiry Date…………………………… - 7 Verify source ↗
Section 7
AI-assisted research summary: The form asks whether the licensee has had any material changes since the application and, if so, to provide details.
7. Has the licensee undergone any material changes (structural, legal, its previous the services supplied) since to managerial or related application? Yes – If yes, provide details.................................................. ................................................................................................. ................................................................................................ ................................................. (Use additional Sheet if Necessary) - 8 Verify source ↗
Section 8
AI-assisted research summary: The applicant must pay the application fee, declare authority and truthfulness, provide extra information EWURA requests after notice, and if the form is completed electronically, print, sign, and submit it with supporting documents.
8. Application Fee and method of payment: (a) Amount: TZS………………..….................…….….................... (b) Mode: Cash Cheque Other (specify)................... (c) Fees Payment Receipt No. (Attach Copy)........................... 48 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted PART II – DECLARATION BY THE APPLICANT I…...................….. (insert name) being…….............................… (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. SWORN/AFFIRMED at……………….. ….. ) by the said……………….who is identified to ) me by……………./known to me personally ) ………………………… the latter being known to me personally this ) DECLARANT ………day of ……………20…. ) BEFORE ME: __________________________ COMMISSIONER FOR OATHS NOTE: If this application form is completed electronically it must be printed out, signed before a Commissioner of Oaths and submitted with the necessary supporting documents and submitted to the EWURA Headquarter office or at Zonal Offices FORM NO. 6 NOTIFICATION OF OFFENCE FORM (Made under rule 47(1)) (LIQUEFIED PETROLEUM GAS WHOLESALE/DISTRIBUTION BUSINESS) To............................................................................... Address.............................................
Part
PART II- LIST OF ENCLOSURES
- 8 Verify source ↗
Section 8
AI-assisted research summary: The applicant must attach specified documents to the application.
8. Please attach your application with the following documents; Certificate of compliance for foreign companies Certificate of Incorporation Memorandum of association and articles of association 34 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted An updated list of shareholders certified by BRELA Copy of Application Fee Receipt from EWURA Joint Venture or partnership contract (where applicable) Certificate from Tanzania Investment Centre (where applicable) Title Deed or any other authorization approving use of land for bulk petroleum business operations Lease agreement if the applicant is not the owner of the land Building Permit from relevant local authorities Environmental Impact Assessment Certificate from National Environment Management Council (NEMC) Business or project plan Engineering layout plan duly signed by a registered engineer by Engineer Registration Board Other (Specify)....................................................... NB: Engineering drawings duly signed by a registered engineer shall specify the following: (a) the number of storage tanks and LPG refilling area; (b) the location and distances between building structures and facilities and equipment; (c) entry and exit; (d) perimeter wall and property boundaries; (e) location and identification of loading gantries; and (f) that the engineering and design has been done in accordance with approved specifications PART III – DECLARATION BY THE APPLICANT
Part
PART III – DECLARATION BY THE APPLICANT
- 9 Verify source ↗
Section 9
AI-assisted research summary: Applicants must complete the licence application form, attach the required documents, and provide any extra information EWURA asks for.
9. I…...................….. (insert name) being…….............................… (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. SWORN/AFFIRMED at………………. ….. by the said……………….who is identified to me by……………./known to me personally ………………………… the latter being known to me personally this DECLARANT ………day of …………………..20….. BEFORE ME: __________________________ COMMISSIONER FOR OATHS 35 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted NOTE: This application form can be completed electronically and submitted to EWURA with the necessary supporting documents. 36 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted FORM NO. 3 APPLICATION FOR LPG WHOLESALE/ DISTRIBUTION LICENCE FORM (Made under rule 11) For EWURA Use Only Date Received: File Number: TYPE THE TYPE OF LICENCE: (………………………………) 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) - 8 Verify source ↗
Section 8
AI-assisted research summary: The declarant states they are authorized to make the application and that the information provided is correct.
8. 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 39 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted knowledge the information supplied herein are correct. SWORN/AFFIRMED at……………….. ….. ) by the said……………….who is identified to ) me by……………./known to me personally ) ………………………… the latter being known to me personally this ) DECLARANT ………day of ……………20….. ) BEFORE ME: __________________________ COMMISSIONER FOR OATHS NOTE: This application form can be completed electronically and submitted to EWURA with the necessary supporting documents. 40 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted FORM NO. 3 INTEGRITY PLEDGE FORM (Made under rule 12) - 1 Verify source ↗
Section 1
AI-assisted research summary: The provision states that unethical business practices and corruption have harmed sustainable economic growth and public trust 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 ↗
Section 2
AI-assisted research summary: The company says it is responsible for good governance and for conducting its business with high standards of 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 ↗
Section 3
AI-assisted research summary: The provision says anti-corruption efforts by the Government and PCCB need individual and collective commitment from the business community to succeed.
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. - 4 Verify source ↗
Section 4
AI-assisted research summary: The company pledges to avoid bribery and corruption, promote anti-corruption conduct, train staff and partners, set up reporting channels, and maintain insurance and other integrity controls.
4. In view of the foregoing, we pledge the following: (a) not, through any of our employees, representatives or agents, to involve in any form of bribery, corruption whether direct or indirect or unethical behaviour in whatever form; to clearly communicate with all employees and business partners about stance on fighting all forms of bribe, corruption and other unethical behaviour 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 in order to ensure that 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 (b) (c) (d) (e) (f) (g) (h) (i) (j) 41 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted (k) 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. - 5 Verify source ↗
Section 5
AI-assisted research summary: The signatories commit to support and carry out activities that promote integrity, transparency, ethical business practice, and good corporate governance in Tanzania.
5. To ensure collective action in preventing any unethical and corrupt behaviour and the highest standards of ethics, integrity and transparent in business transactions in Tanzania, we commit to: (a) (b) (c) (d) (e) in business support a nationwide initiative intended to create fair market conditions, transparency 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 behaviour 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 ↗
Section 6
AI-assisted research summary: Company and individuals commit to follow the integrity pledge and accept responsibility 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 ↗
Section 7
AI-assisted research summary: The provision says there will be zero tolerance action against anyone involved in 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; - 9 Verify source ↗
Section 9
AI-assisted research summary: The signer commits to be responsible and to ensure employees and agents follow the pledge.
9. in any event of non-compliance we commit ourselves to be responsible for their actions. We shall also ensure that our employees and agents comply with this pledge and To report any corrupt or unethical practices that occur in the business place to the Signed by ……………………………………………………………… for and on behalf of …………………………………………………………….. this …… day of ……………………..……….. 20….. Signature …………………………….………. Designation:………………………..…………. Witness Name:………………………………………… Signature:…………………………..………… Designation:…………………………………… 42 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted APPLICATION TO TRANSFER A LICENCE FORM (Made under rule16 (2)) FORM NO. 4 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 Tel No. Email Licence Particulars Type of Licence: Licence No: Licence Duration: Expiry Date: I agree to the Licence being transferred to the applicant(s) below: 43 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted Name and physical Address of the Transferee : Business Organization (Sole proprietor, Company, Partnership) Principal Officer (only if the transferee is a company or partnership) Names of Partners or Shareholders Date: 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) - 1 Verify source ↗
Section 1
AI-assisted research summary: The new occupier says they are applying to transfer the current licence and declaring the transferee information is true to the best of their knowledge.
1. 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. - 2 Verify source ↗
Section 2
AI-assisted research summary: If a licence is transferred, the transferee must follow EWURA’s conditions and applicable laws, cannot change approved premises arrangements without EWURA’s written approval, and cannot use the premises for a different purpose.
2. In the event of a licence being transferred: (a) I agree to abide by the conditions laid down by EWURA and applicable 44 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted 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; (b) the licence shall have the like effect in all respects as if no transfer had been made; and (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: Print Name Position: 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 Account through Control Number that will be given by EWURA . Notes 45 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted - 1 Verify source ↗
The applicant(s), (if an individual person or partnership) must be over 18
AI-assisted research summary: If the applicant is an individual person or partnership, the applicant 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
AI-assisted research summary: When the form is signed, both the transferee and transferor declare they are authorized to make the application and that the information given 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
AI-assisted research summary: Send the application, with the appropriate fee, to the Director General of EWURA.
3. This application together with the appropriate fee, should be forwarded to the Director General, EWURA at 4TH Floor, PSSSF House, Makole Road, P. O Box 2758, Dodoma. 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
AI-assisted research summary: This item 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 in respect of the licensed facility
AI-assisted research summary: A certified copy of tax clearance is required in respect of the licensed facility.
2. Certified copy of tax Clearance in respect of the licensed facility; - 3 Verify source ↗
Lease/ Sale agreement stamp duty paid
AI-assisted research summary: This section concerns lease or sale agreement stamp duty being paid.
3. Lease/ Sale agreement stamp duty paid; - 5 Verify source ↗
Section 5
AI-assisted research summary: If a transfer is by death or by court order, the Applicant must submit supporting documents.
5. In case the type of transfer if by death or order of the Court, the Applicant should submit the supporting documents - 6 Verify source ↗
Proof of payment of transfer application fee; and
AI-assisted research summary: This section is about proof of payment of the transfer application fee.
6. Proof of payment of transfer application fee; and - 7 Verify source ↗
Any other document that will be required at the time of transfer
AI-assisted research summary: At the time of transfer, the current licence owner must fill in the transfer form and the transferee must endorse it.
7. Any other document that will be required at the time of transfer NB: The transfer form has to be filled by the owner the current owner of a licence (transferor) endorsed by the transferee. 46 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted FORM NO. 5 APPLICATION FOR RENEWAL OF LPG WHOLESALE LICENCE/LPG DISTRIBUTION LICENCE FORM (Made under rule 19 (1)) 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
Part
PART II – ENCOLOSURE
- 7 Verify source ↗
Section 7
AI-assisted research summary: The applicant must attach the listed permits and supporting documents, where appropriate.
7. Attach the following documents/ permits issued by relevant authorities(where appropriate) : Building Permit Land Title lease agreement in case the applicant is not the owner of the land Business license Certificate of incorporation Certificate of Compliance Memorandam and Article of Association TIN certificate. VAT Certificate Proof of ownership of the filling plant and storage depot that conforms to the petroleum Industry best practises or Hospitality agreement. adquate skilled personnel ( personnel’s profile) prrof of financial capability being either an audited financial statements showing an annual gross turnover of not less than One Billiom and Five hundred million Tanzania Shillings or a bank statement showing a credit balance of not less than One Billiom and Five hundred million Tanzania Shillings or a bank guarantee or a credit facility of not less than One Billiom and Five hundred million Tanzania Shillings or an unequivocal letter of comfort from a financial institution or a bank that confirms that the bank or the financial institution shall extend a loan to the applicant for the amount not less than One Billiom and Five hundred million Tanzania shillings Environmental Impact Assesment certificate OSHA certificate dealership agreement with the LPG Wholesaler Fire Certificate from the Fire Department Memoranda of understanding (if any) governing commercial transactions of regulated goods and services. Duly filled integrity pledge form List of LPG dealers that the Super dealer has dealership agreement with for supply of LPG Any other. PART III – DECLARATION BY THE APPLICANT
Part
PART II – DECLARATION BY THE APPLICANT
- 1 Verify source ↗
Section 1
AI-assisted research summary: This section states that a person is charged with listed offence(s), but the offences are not specified in the provided text.
1. You are charged with the following offence (s): (a) (b) (c) ..................................................................................................................... ..................................................................................................................... ..................................................................................................................... 49 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted (d) (e) (f) ..................................................................................................................... ..................................................................................................................... ..................................................................................................................... - 4 Verify source ↗
Section 4
AI-assisted research summary: If you admit the offence, send Part B and the penalty to the Authority within 14 days; if you do not admit it, send Part A with written answers to the Director General within 7 days.
4. 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 together with answers, in writing, to the charges mentioned above, within seven days from the date of service of this notification. 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 ................................................ of I ........................................ residential or business address) being the (owner/director/manager/representative) of.......................plead guilty 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: ............................................... 50 Petroleum (Liquefied Petroleum Gas Operations) GN NO 823 )Conted Date: .................................................... FACILITY/VEHICLE/VESSEL DETAILS ISSUED BY Motor Vehicle Reg. No............................... Name: ................................... LPGWL /LPGDL No. ................................... Designation: .......................... Vessel Registration No. ............................. . Signature of the person issued with the notification Signature of the Inspector Date: ...................................... ........................................................ ............................................... Dodoma ……….…., 2020 Director General GODFREY H. CHIBULUNJE 51
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The Petroleum (Liquefied Petroleum Gas Operations) Rules, 2020
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