The Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) Rules, 2022
This section is titled “Interpretation” and appears in Part II on applications for a construction approval.
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- The Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) Rules, 2022
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Statute overview
About this statute
This section is titled “Interpretation” and appears in Part II on applications for a construction approval. Section 4 is titled “Application for construction approval.” This section is about the fee for a construction approval application. This section concerns an obligation to construct a retail outlet in rural areas. This section is about the duration of construction approval.
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Provisions of The Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) Rules, 2022
Showing 179 of 179
- 3 Verify source ↗
Interpretation
AI-assisted research summary: This section is titled “Interpretation” and appears in Part II on applications for a construction approval.
3. Interpretation. PART II APPLICATION FOR A CONSTRUCTION APPROVAL
Part
PART II
- 4 Verify source ↗
Application for construction approval
AI-assisted research summary: Section 4 is titled “Application for construction approval.”
4. Application for construction approval. - 5 Verify source ↗
Construction approval application fee
AI-assisted research summary: This section is about the fee for a construction approval application.
5. Construction approval application fee. - 7 Verify source ↗
Obligation to construct retail outlet in rural areas
AI-assisted research summary: This section concerns an obligation to construct a retail outlet in rural areas.
7. Obligation to construct retail outlet in rural areas. - 8 Verify source ↗
Duration of construction approval
AI-assisted research summary: This section is about the duration of construction approval.
8. Duration of construction approval. PART III LICENSING PROCEDURES - 4 Verify source ↗
(1) A person shall not construct a regulated facility
AI-assisted research summary: You must not construct a regulated facility unless you first seek and obtain construction approval from the Authority.
4.-(1) A person shall not construct a regulated facility without seeking and obtaining a construction approval from the Authority in a manner provided herein. 8 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) Construction approval application fee Grant of construction approval (2) A person who intends to construct a regulated facility shall apply to the Authority for a construction approval in Form No. 1 set out in the First Schedule to these Rules or as otherwise prescribed by the Authority. (3) An application made under subrule (2) shall be deemed to be complete if it contains all the required information and supported by proof of payment of the application fee pursuant to rule 5. (4) A person who constructs a regulated 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) Notwithstanding subrule (4), a person who constructs a regulated facility without seeking and obtaining a construction approval, shall not be permitted to continue construction until has obtained clearance with the National Environmental Management Council in writing and has complied with the requirements prescribed under these Rules . - 5 Verify source ↗
An application for a construction approval under rule
AI-assisted research summary: An application for construction approval must include a non-refundable fee set by the Authority.
5. An application for a construction approval under rule 4 (2) shall be accompanied with a non-refundable application fee as shall be prescribed by the Authority. - 6 Verify source ↗
(1) The Authority shall, upon receipt of an application
AI-assisted research summary: The Authority must review each application and decide whether to grant or deny a construction approval.
6.-(1) The Authority shall, upon receipt of an application under subrule (2), evaluate such application and decide whether to grant or deny the application. (2) The Authority shall, in deciding whether to grant or deny a construction approval, consider the following: (a) compliance with rule 4 (2); (b) compliance with land use laws save for consumer installation; (c) compliance with health, safety, standards and environmental requirements; (d) the need for investment in townships and villages as provided in rule 7; (e) compliance with the requirements of the Act; and (f) economic viability of the business. (3) The applicant shall, within seven working days after issuance of an approval by the Authority, be notified of the decision of the Board. (4) The Authority shall, where it denies an application for a construction approval, inform the applicant of such decision in writing, including the reasons thereof. 9 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) Obligation to construct retail outlet in rural areas - 7 Verify source ↗
(1) A person who possesses at least four retail outlets
AI-assisted research summary: Some retail-outlet owners must add a township or village outlet, and older owners must do so within three years; non-compliance affects eligibility for construction approval or a new licence.
7.-(1) A person who possesses at least four retail outlets in a city, municipality or district township area shall be required to construct at least one retail outlet in a township or village. (2) A person who possessed retail outlets in a city, municipality or district township area prior to coming into force of these Rules shall, within three years from the date of coming into force of these Rules, be required to possess retail outlets in a township or village in the ratio provided under sub rule (1). (3) A person who contravenes this rule shall not be eligible for the grant of a construction approval or new licence. Duration of construction approval - 8 Verify source ↗
The construction approval issued by the Authority
AI-assisted research summary: A construction approval will stop having effect if the holder does not start construction within 24 months of issue.
8. The construction approval issued by the Authority under rule 6 shall cease to have effect in the event the holder of the said approval fails to commence construction within twenty- four months from the date of issue. PART III LICENSING PROCEDURES Obligation to obtain licence
Part
PART III
- 11 Verify source ↗
Licensing requirements for petroleum wholesale licence
AI-assisted research summary: This section concerns licensing requirements for a petroleum wholesale licence.
11. Licensing requirements for petroleum wholesale licence. - 12 Verify source ↗
Licensing requirements for petroleum retail licence
AI-assisted research summary: Section 12 is titled “Licensing requirements for petroleum retail licence.”
12. Licensing requirements for petroleum retail licence. - 13 Verify source ↗
Licensing requirements for petroleum storage licence
AI-assisted research summary: This section is about licensing requirements for a petroleum storage licence.
13. Licensing requirements for petroleum storage licence. - 14 Verify source ↗
Licensing requirements for petroleum consumer installation licence
AI-assisted research summary: This section concerns licensing requirements for a petroleum consumer installation licence.
14. Licensing requirements for petroleum consumer installation licence. 1 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) - 20 Verify source ↗
Application for transfer of licence
AI-assisted research summary: This section concerns applications to transfer a licence.
20. Application for transfer of licence. - 24 Verify source ↗
Suspension or revocation of licence
AI-assisted research summary: Section 24 is titled “Suspension or revocation of licence” and appears under Part IV, General Obligations of a Licensee.
24. Suspension or revocation of licence. PART IV GENERAL OBLIGATIONS OF A LICENSEE - 9 Verify source ↗
(1) A person shall not conduct a regulated activity
AI-assisted research summary: A person must not conduct a regulated activity unless they first obtain a licence from the Authority.
9. - (1) A person shall not conduct a regulated activity without obtaining a licence from the Authority. (2) A person who contravenes the provisions of subrule (1) commits an offence and shall, on conviction, be liable to a fine of not less than twenty million shillings or imprisonment for a term of not less than two years or to both. - 10 Verify source ↗
Notwithstanding the penalty prescribed under rule
AI-assisted research summary: If the Authority determines a person has breached rule 9(1), it may enter any building, premises, or facility and close it down, even though rule 9(2) prescribes a penalty.
10. Notwithstanding the penalty prescribed under rule 9(2), the Authority shall, where it determines that a person has contravened the provisions of rule 9(1), enter upon any building, premises or facility and close it down. - 11 Verify source ↗
(1) A person shall not be issued with a wholesale
AI-assisted research summary: An applicant will not get a wholesale licence unless the application meets technical and financial requirements.
11.-(1) A person shall not be issued with a wholesale licence unless his application meets the following technical and financial requirements: Power to enter and close afacility, building or premises Licensing requirements for petroleum wholesale licence (a) possession of a depot or a valid hospitality agreement pursuant to rule 35; (b) submission of Curriculum Vitae of at least two key personnel and proof of their relevant qualifications and experience in petroleum business; and (c) proof of financial capability which is either- (i) an audited financial statement showing 10 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) annual gross turnover of not less than three billion and six hundred million shillings or equivalent in convertible currency; (ii) a bank guarantee or a credit facility of not less than one billion and five hundred million shilling or equivalent in convertible currency from a bank or financial institution licensed by the Bank of Tanzania; (iii) 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 shilling or equivalent in convertible currency at a bank or financial institution licensed by the Bank of Tanzania to act as such; or (iv) a from a letter of comfort financial institution or a bank licensed by the Bank of Tanzania that confirms that the bank or the financial institution shall extend a credit facility to the applicant for the amount of not less than one billion and five hundred million shilling or equivalent in convertible currency. (2) Notwithstanding the provisions of subrule (1), an applicant may rely on the financial capability of its parent company provided that- (a) such departure shall be approved by the Board of Directors of such parent company; and (b) the applicant shall submit proof of financial capability of the parent company which shall be- (i) audited financial statements showing annual gross turnover of not less than three billion and six hundred million shillings or equivalent in convertible currency of the past three years; or (ii) a bank statement of not more than three months to the date of application showing a credit balance of not less than three billion and six hundred million shillings or its equivalent in convertible currency. Licensing requirement for - 12 Verify source ↗
A person shall not be issued with a retail licence
AI-assisted research summary: A retail licence must not be issued unless the application meets specified requirements.
12. A person shall not be issued with a retail licence licensing application meets following the unless his requirements: 11 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) petroleum retail licence (a) possession of the ownership and use of the land approving the development of a retail outlet; relevant authorization to (b) possession of a fuel supply agreement with at least one wholesaler and such agreement shall conform to the agreement provided in the Second Schedule of these Rules; (c) building permit, where applicable; (d) possession of a retail outlet; and (e) attachments in the application form contained in the First Schedule. - 13 Verify source ↗
A person shall not be issued with a petroleum
AI-assisted research summary: A person must satisfy listed application requirements before being issued a petroleum storage licence.
13. A person shall not be issued with a petroleum storage licence unless his application meets the following licensing requirements; (a) possession of the ownership and use of the land approving the development of a petroleum bulk storage facility; relevant authorization to Licensing requirement for petroleum storage licence (b) Environmental Impact Assessment Certificate; (c) possession of a depot; (d) submission of Curriculum Vitae of at least three key personnel with engineering degree and experience in petroleum handling operations; and (e) attachments in the application form contained in the First Schedule. Licensing requirement for petroleum consumer installation licence - 14 Verify source ↗
(1) A person eligible to be issued with a Petroleum
AI-assisted research summary: A petroleum consumer installation licence is for people whose operations need petroleum products and whose equipment cannot easily reach a retail outlet; applications must satisfy listed licensing requirements, and the Authority must consider nearby petroleum supplies within 5 kilometers when deciding.
14.-(1) A person eligible to be issued with a Petroleum Consumer installation licence shall be any person that undertakes mining operations, industry operations, construction projects, agricultural farm or government projects that require supply of petroleum products and due to the nature of the operations the equipment cannot easily access a petroleum retail outlet. (2) A person shall not be issued with a Petroleum Consumer installation licence unless his application meets the following licensing requirements- (a) possession of relevant authorization the to ownership and use of the land; (b) possession of a consumer installation facility that meets approved specifications; (c) submission of; (i) details of the applicants’ operations and the expected petroleum products requirements per month; and (ii) proof that, due to the nature of applicant’s 12 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) Conditional licence Application for licence Publication of application operations or equipment its facilities cannot easily access petroleum retail outlet; and (d) attachments in the application form contained in the First Schedule. (3) The Authority shall, in deciding whether to grant or deny a petroleum consumer installation license, take into consideration existence of supplies of petroleum products within a radius of five kilometers. - 15 Verify source ↗
The Authority may issue a licence with specific
AI-assisted research summary: The Authority may issue a licence with specific conditions to an applicant who does not meet some licensing requirements.
15. The Authority may issue a licence with specific conditions to be fulfilled within a prescribed time to an applicant who fails to meet some of the licensing requirements prescribed in rules 11, 12, 13 and 14. - 16 Verify source ↗
(1) An applicant for a licence shall apply to the
AI-assisted research summary: A licence applicant must apply to the Authority using the specified form and include the required supporting documents and fee.
16.-(1) An applicant for a licence shall apply to the Authority for a licence in Form 2A, 2B, 2C or 2D set out in the First Schedule to these Rules or as otherwise prescribed by the Authority. (2) An application for a licence shall be accompanied by- (a) a duly signed integrity pledge in Form No. 3 set out in the First Schedule; (b) tax clearance certificate; and (c) a non-refundable application fee to be prescribed by the Authority. - 17 Verify source ↗
(1) An application received by the Authority shall be
AI-assisted research summary: The Authority must review each application, publish a notice in at least two wide-circulation Tanzanian newspapers, pay the publication costs, and consider public comments before deciding.
17.-(1) An application received by the Authority shall be evaluated to verify its completeness and legality of information contained therein and thereafter a notice of the application shall be published in at least two newspapers of wide circulation in Tanzania one in English and another in Kiswahili with a view to soliciting comments and representations on the application. (2) The costs of publication of notices under subrule (1) shall be borne by the Authority. (3) The public shall be invited to submit comments and representations within fourteen days from the date of publication of the notice and the comments and representations shall be considered by the Authority in arriving at the decision on the application. Grant of licence - 18 Verify source ↗
(1) The Authority may, within sixty days from the
AI-assisted research summary: The Authority may grant, deny, or send back a licence application within 60 days of a complete application, and must give written reasons within 14 days if it denies the application.
18.-(1) The Authority may, within sixty days from the date of complete application and upon consideration of an application for a licence: (a) grant the application and issue a licence; 13 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) (b) deny the application; or (c) refer back the application. (2) The Authority shall, in deciding whether to grant or deny a licence, take into consideration: (a) the licensing requirements set out in rule 11, 12, 13 and 14; (b) any objection or representation received from the public pursuant to rule 17; (c) the applicant’s record of compliance with the Act, these Rules and other applicable laws; (d) economic efficiency and benefit to the applicant and the public in general; (e) compliance of a facility on matters including: (i) safety; (ii) health; (iii) security; (iv) handling of hazardous substances; and (v) environment. (f) any other matter relevant to the orderly conduct of a regulated activity in Tanzania. (3) The Authority may deny issuing a licence where it determines that- (a) the applicant does not meet the requirements of subrule (2); (b) the applicant’s activities may not be conducted in accordance with safety, health and environment requirements; or (c) the application has violated the provision of the Act and applicable law . (4) After issuance of a licence, the applicant shall be notified to come and collect it upon payment of a licence fee. (5) The Authority shall, where it denies an application for a licence, within fourteen days from the date of decision, inform the applicant of such decision in writing, including the reasons thereof. Validity of licence years. - 19 Verify source ↗
(1) The licence shall be valid for a term of five
AI-assisted research summary: The Authority must revoke a licence if a licensee does not conduct a regulated activity for six consecutive months within the licence term.
19.-(1) The licence shall be valid for a term of five (2) The Authority shall revoke a licence of any licensee who fails to conduct a regulated activity for a period of six consecutive months within a licence term. (3) A licensee whose licence has been revoked pursuant to the provisions of subrule (2) shall not be eligible for issuance of another licence for a period of twelve months from the date of 14 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) revocation. (4) In addition to subrule (3) the Authority may, declare a regulated facility whose licence has been revoked pursuant to the provisions of subrule (2) not eligible for issuance of another licence for a period not exceeding twelve months from the date of revocation. Application for transfer of licence - 20 Verify source ↗
(1) A licence shall not be assigned or transferred to
AI-assisted research summary: A licence cannot be transferred or assigned without the Authority’s written approval, and the application must follow the stated form, fee, notice, and supporting-document requirements.
20.-(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 in Form No. 4 set out in the First Schedule which shall be accompanied by a non-refundable fee to be prescribed by the Authority. (3) Notwithstanding subrule (1), application for a transfer or assignment of a licence shall not be entertained by the Authority unless the application meets the following requirements: (a) the application form is endorsed by the transferee or assignee; (b) the applicant submits together with the application form: (i) the original copy of a valid Authority’s licence in respect of the licensed facility; (ii) certified copy of tax clearance of the transferor in respect of the licensed facility; (iii) lease or sale agreement endorsed by Tanzania Revenue Authority; (iv) company registration documents of the transferee (if any); (v) a signed integrity pledge prescribed in these rules; and (vi) any other document the Authority may require. (c) where transfer is initiated by law or court order, the transferee documents of entitlement of the rights to the facility. (4) An application received by the Authority under subrule (2) shall be evaluated to verify its completeness and legality of information contained therein and thereafter a notice of the application shall be published in at least two newspapers of wide circulation in Tanzania, one in English and another in Kiswahili with a view to soliciting comments and representations on the application. (5) The costs for publication of the notice under sub-rule 15 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) (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 notice under subrule (6), evaluate the application together with comments received and decide whether to grant or deny the application for transfer or assignment as the case may be. - 21 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 change of name.
21.-(1) A licensee may change its name pursuant to the provisions of these Rules and applicable law. (2) A licensee who has changed its name shall, within thirty days after such change, notify the Authority in writing, which notice shall be accompanied by a certificate of change of name issued by relevant authority. - 22 Verify source ↗
(1) A change of ownership where a third party
AI-assisted research summary: If a third party becomes a majority shareholder in a licensed company, the change needs written approval from the Authority.
22.-(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 the application- (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 Tanzania Revenue Authority to carry on the proposed business; (d) a letter of clearance from the Commission; and (e) a duly signed integrity pledge specified in Form No. 3 set out in the First Schedule. (3) The Authority may, before approving the application for change in shareholding structure under subrule (2), consult the Commission and the Tanzania Revenue Authority. - 23 Verify source ↗
(1) A licensee who intends to renew a licence shall,
AI-assisted research summary: A licensee who wants to renew must apply to the Authority at least three months before the licence expires.
23.-(1) A licensee who intends to renew a licence shall, not less than three months before expiration of the licence term, apply to the Authority for a renewal of the licence. (2) Application for a renewal of a licence under subrule (1) shall be made in Form No. 5 set out in the First Schedule and shall be accompanied by- (a) a tax clearance certificate; (b) for a wholesaler, petroleum products importation 16 Change of name Change of shareholding structure Application for renewal of licence Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) records of the licence due to expire and a valid copy of hospitality agreement (applicable for wholesaler who has no depot in Dar es Salaam, Tanga and Mtwara); and (c) for a retailer, a valid fuel supply agreement prescribed under rule 25(2)(b)(ii); (d) a duly signed integrity pledge in Form No. 3 set out in the First Schedule. (4) The Authority shall, in deciding whether to grant or deny an application for renewal of a licence, consider the applicant’s compliance to the Act, these Rules and terms and conditions of the licence which is due to expire. (5) The Authority shall, where it denies an application for renewal of a licence, inform the applicant of such decision in writing, including the reasons thereof. (6) The Authority shall not renew the licence of a licensee who has, during the term of the licence which has expired or is due to expire, failed to comply with the licence terms and conditions, refused to comply with the requirement set out in sub rule (3) and (4) or willfully neglected to comply with any order given by the Authority and such acts were not remedied by such a licensee up to the time of determining the application. - 24 Verify source ↗
(1) A licence may be suspended or revoked by the
AI-assisted research summary: The Authority may suspend or revoke a licence if a licensee breaches listed compliance grounds, but it must give 21 days’ notice first.
24.-(1) A licence may be suspended or revoked by the Authority where a licensee- (a) violates any of the provisions of this Act or conditions attached to the licence which affects the conduct of regulated activity; (b) obtained a licence by fraud or deliberate submission of false information or statements; (c) fails to comply with obligations conferred within the terms stated in the licence, the Act or these rules; (d) persistently fails to comply with the approved local content plans; (e) interrupts services to other users without 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, 17 Suspension or revocation of licence Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) service, quality or environmental standards, or any other additional standards as may be stated in the licence; or (j) is convicted or found guilty of an offence relating to corruption, money laundering, economic crimes or tax evasion. (2) The Authority shall not suspend or revoke a licence, unless a twenty one days’ notice of intention to suspend or revoke the said licence has been issued to a licensee. (3) The licensee whose licence has been revoked pursuant to subrule (1) shall not be eligible for being licensed by the Authority for a period of twelve months from the date of revocation. (4) Notwithstanding the provisions of subrule (1), the Authority may: (a) waive the licence suspension where it is satisfied that a licensee has abstained from the act that caused the suspension and the reason for suspension no longer exists; or (b) upon satisfaction by the explanation given under subrule (2), issue a warning or remedial measure to a licensee as it may deem fit. PART IV GENERAL OBLIGATIONS OF LICENSEES General obligations
Part
PART IV
- 26 Verify source ↗
Offence for trading between wholesalers
AI-assisted research summary: This section is about an offence connected to trading between wholesalers.
26. Offence for trading between wholesalers. - 30 Verify source ↗
Maintenance of records, provision and disclosure of information
AI-assisted research summary: Section 30 concerns maintenance of records and the provision and disclosure of information.
30. Maintenance of records, provision and disclosure of information. - 31 Verify source ↗
Obligation to provide information to NPGIS
AI-assisted research summary: This provision concerns an obligation to provide information to NPGIS.
31. Obligation to provide information to NPGIS. - 32 Verify source ↗
Confidential information
AI-assisted research summary: This section is titled “Confidential information” in Part V on environmental protection.
32. Confidential information. PART V ENVIRONMENTAL PROTECTION - 25 Verify source ↗
(1) A licensee shall
AI-assisted research summary: Licensees must follow the listed laws and Authority directions, keep records, report incidents and losses, allow Authority access, and meet safety and reporting rules.
25.-(1) A licensee shall- (a) comply with: (i) (ii) (iii) (iv) (v) (vi) the Act; these Rules; any applicable law; Orders and directions of the Authority; provisions related to local content as provided in the Act and regulations made by the Minister; applicable codes and standards on safety, hazardous substances, security, health and environment; and (vii) Best International Petroleum Industry Practices Practice; (b) establish and maintain records pursuant to the the law, orders and directives of applicable Authority; (c) as soon as practicable, but in any case not later than 18 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) twent four hours after the event, notify the Authority of the occurrence of a dangerous situation or incident within a facility; such notification shall comprise of the steps taken or proposed to be taken by a wholesaler to remedy such dangerous situation or incident or to eliminate or minimize any danger arising therefrom; (d) provide the Authority with full access to its records, documents, sites and assets pursuant to these Rules and applicable law; (e) ensure the safe disposal of any petroleum product and waste oil; (f) not keep fireworks or any other instruments or products in or near a facility that might pose a risk of fire or otherwise; (g) not decommission or abandon a facility otherwise than pursuant to these Rules and applicable law; (h) ensure that a supervisor is present at a facility at all times, and in his absence any person employed or acting as an agent of a licensee at a facility shall perform the duties of a supervisor; (i) prior to effecting any major replacement or maintenance to a facility or a part thereof, notify the Authority not less than fourteen days prior to or such installation; commencing replacement (j) ensure that storage tanks, flow meters and dispensing pumps are calibrated for correct in good working measurements and are condition approved in specifications and good petroleum industry practices; accordance with (k) pursuant to the written directions of the Authority, monitor, record and reconcile all stocks of a petroleum product delivered to, stored in and dispensed from a facility and retain such records for not less than twelve months and make the same available to the Authority on demand; (l) prepare a weekly stock position of a petroleum product in a facility as shall be specified in writing by the Authority where necessary; 19 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) (m) promptly notify the Authority of any apparent loss or gain of a petroleum product that is outside normal operating patterns; (n) maintain and make available to the Authority on demand documentary evidence demonstrating that all electrical equipment and installations in a facility relevant to the receipt, handling, storage and dispensing of a petroleum product and to areas where inflammable gases or vapours capable of producing explosive or ignitable mixtures may occurs, comply with installation approved procedures in accordance with existing codes or applicable law; specification and (o) print a licence number on all accounting documents employed in its regulated activity, including invoices, delivery notes and receipts; direction, prohibition, (p) not refuse, delay or fail to comply with any order, demand, requirement or notice lawfully made, served, published or otherwise given by the Authority; (q) ensure the quality of petroleum or a petroleum product in its custody complies with approved specifications; (r) ensure that it inspects and cleans its storage tanks at least once in the licence term in accordance with best petroleum industry practices and submit a report to the Authority; (s) not engage in activities that impede or may impede either proper implementation of the regulated activity or any regulated activity of other licensees; (t) not engage in any activities that disrupt or interfere with competition, including but not limited to, cartel arrangement, creation of artificial shortage of petroleum products, or willful refusal to operate the regulated facility; and (u) as soon as practicable, but in any event not later 20 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) it (i) is unable than thirty days after it becomes aware of the fact, notify the Authority: if regulated activity; or the regulated the conduct of if activity may lead to the breach of any of these Rules or materially affect its operations. to conduct (ii) the (2) Notwithstanding subrule (1): (a) a wholesaler shall- (i) sell a petroleum product only to a retailer, consumer installation licensee or a government institution; (ii) procure petroleum products through importation; or (iii) when selling petroleum products to a retailer installation consumer licensee, indicate in the invoice and licence delivery note number and name of the purchasing licensee; and the EWURA (iv) when selling petroleum products to a the institution, government name of the institution, physical address and the responsible or contact person. indicate (b) a retailer shall- (i) ensure that the name of its retail outlet is clearly displayed in a conspicuous place at the retail outlet as issued in the license; (ii) have and maintain a supply agreement set out in the Second Schedule to these Rules with at least one wholesaler, which shall not be amended without the approval of the Authority; (iii)ensure that it maintains stock of petroleum products for supply to its customers of at least three days; (iv) not offload a petroleum product from any vehicle to a retail outlet from 18:00 21 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) hours to 06:00 hours unless there is adequate lighting or light at the retail outlet; and (v) procure a petroleum product only from a wholesaler and establish and maintain records of such procurements pursuant to applicable law and orders and directions of the Authority; (c) a consumer installation licensee shall- (i) not engage in any sale of a petroleum product; (ii) have and maintain supply agreement with at least one wholesaler; (iii)ensure that no dispensing of a petroleum product is made from a place other than from a dispensing point situated at a consumer installation facility; and (iv) procure a petroleum product from a wholesaler; (d) a petroleum storage licensee shall- (i) maintain and operate the petroleum storage depot pursuant to the applicable the Best laws, International Industry Practices; Petroleum standards and (ii) ensure the petroleum products stored at the depot comply with approved specifications; (iii) load the petroleum products into a transport unit approved by relevant authority; and (iv) Inspect the transport unit before loading the unit complies with to ensure approved specifications. Offence for trading between wholesalers - 26 Verify source ↗
(1) A wholesaler shall not sell or buy petroleum
AI-assisted research summary: A wholesaler must not sell or buy petroleum products to or from another wholesaler.
26.-(1) A wholesaler shall not sell or buy petroleum products from or to another wholesaler. (2). A wholesaler who contravenes the provisions of subrule (1) commits an offence and shall, on conviction, 22 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) be liable to a fine of not less than ten million. shillings. Protection of lives and property - 27 Verify source ↗
(1) A licensee shall, while storing, keeping,
AI-assisted research summary: A licensee must use reasonable precautions and care when dealing with petroleum products, and must dispose of waste petroleum products only in proper places and in a proper manner under applicable law and industry practice.
27.-(1) A licensee shall, while storing, keeping, handling, conveying, using or disposing of any petroleum product, take such precautions and exercise such care as may be reasonable under the circumstances in order to: (a) avoid endangering the safety or health of any person, or the safety of any person’s property; and (b) prevent risk of significant environmental harm. (2) A licensee shall dispose of a waste petroleum product in a manner and at a place intended for the safekeeping and dumping of such products pursuant to applicable law and good petroleum industry practices. - 28 Verify source ↗
(1) A licensee shall be obliged to compensate an
AI-assisted research summary: A licensee must compensate people who lose money because of a regulated activity, and the affected person must first complain to the licensee before going to the Authority.
28.-(1) A licensee shall be obliged to compensate an person who has suffered any loss as a result of the regulated activity. (2) A person who suffers loss as a result of a regulated activity shall first lodge a complaint with a licensee whose regulated activity has caused such loss with a view to reaching an amicable settlement. (3) Where no settlement is reached under subrule (2), a person who has suffered loss may refer the matter to the Authority for decision and the Authority shall deal with such matter as if it is a complaint lodged pursuant to the provisions of the Energy and Water Utilities Regulatory Authority Act. (4) For the purpose of this rule, “person” includes an administrator, executor or executrix of the estate of a deceased person. Compensatio n for loss suffered Cap. 414 Efficient procurement GN. NO. 198 of 2017 - 29 Verify source ↗
A wholesaler shall not import petroleum
AI-assisted research summary: A wholesaler must not import petroleum product unless the importation is done through efficient procurement under the Petroleum (Bulk Procurement) Regulations, 2017.
29. A wholesaler shall not import petroleum product unless the importation is conducted through efficient procurement pursuant to the provisions of the Petroleum (Bulk Procurement) Regulations, 2017. Maintenance of records, provision and - 30 Verify source ↗
(1) A licensee shall
AI-assisted research summary: A licensee must keep complete and accurate records and data, and must promptly provide records or information to the Authority when required or directed. Refusing to provide required information or giving false information can lead to criminal liability.
30. - (1) A licensee shall- (a) keep complete and accurate records and data 23 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) disclosure of information related to its regulated activity; and the Authority documents, (b) in accordance with the Authority’s requirements and pursuant to its directions, promptly provide records or to information related to its regulated activity. (2) A person who refuses to furnish information or statement as required under subrule (1) (b) or furnishes false information or statement to the Authority shall, on conviction, be liable to a fine of not less than ten million shillings or to imprisonment for a term of not less than two years or to both. - 31 Verify source ↗
(1) A wholesaler shall lodge to the NPGIS the
AI-assisted research summary: Wholesalers must report specified petroleum information to the NPGIS, using internet or SMS.
31.-(1) A wholesaler shall lodge to the NPGIS the following information: (a) petroleum products stock levels on daily basis; (b) petroleum supply by type and use, quantity and region on monthly basis; (c) petroleum importation by type, quantity and source on monthly basis; (d) petroleum exportation by type, quantity and destination, on monthly basis; and (e) petroleum products in transit by type, quantity and destination on monthly basis. (2) A wholesaler shall lodge the information under subrule (1), either through internet or short message services. (3) A wholesaler who fails or refuses to provide information to the NPGIS as required by subrule (2) commits an offence and its license shall be subject to suspension or revocation pursuant to rule 24. - 32 Verify source ↗
(1) Any information received by the Authority
AI-assisted research summary: A licensee cannot refuse to give information to the Authority because it is confidential, and the Authority can restrict publication of information it finds confidential.
32.-(1) Any information received by the Authority from a licensee pursuant to these Rules and applicable law shall be presumed not to be confidential unless stated so by the the Authority shall evaluate such information and inform the licensee accordingly. licensee and (2) A licensee shall not be entitled to withhold information from the Authority on the ground that it is confidential. (3) A licensee may request the Authority not to 24 Obligation to provide information to NPGIS Confidential information Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) 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 where it determines that such information is confidential. PART V ENVIRONMENTAL PROTECTION Compliance with environmenta l laws and standards
Part
PART V
- 33 Verify source ↗
Compliance with environmental laws and standards
AI-assisted research summary: This provision is titled “Compliance with environmental laws and standards.”
33. Compliance with environmental laws and standards. - 34 Verify source ↗
Sanctions for violation of environmental laws
AI-assisted research summary: This section is titled “Sanctions for violation of environmental laws.”
34. Sanctions for violation of environmental laws. PART VI HOSPITALITY ARRANGEMENTS - 33 Verify source ↗
(1) A
AI-assisted research summary: A licensee must follow applicable environmental laws and standards for a facility and take steps to assess, prevent, and control environmental and safety risks.
33.-(1) A the requirements of all applicable environmental laws and standards related to a facility. shall comply with licensee (2) Subject to applicable law a licensee shall- (a) carry out an environmental impact assessment before establishing a facility, or making a major improvement to an existing facility; (b) take all necessary preventive measures to avoid pollution resulting from operating its dispensing pumps, transfer pumps, storage tanks or other equipment at the facility; and (c) observe strict environmental, health, and industrial safety standards as required by applicable law. Sanctions for violation of environmenta l requirements - 34 Verify source ↗
Where the Authority determines that a licensee
AI-assisted research summary: If the Authority finds that a licensee has breached these Rules or an environmental law, it must take appropriate action under applicable laws.
34. Where the Authority determines that a licensee has violated these Rules or any applicable law on matters related to protection of the environment it shall take appropriate actions pursuant to applicable laws. PART VI HOSPITALITY ARRANGEMENTS Hospitality agreement
Part
PART VI
- 35 Verify source ↗
Hospitality agreement
AI-assisted research summary: Section 35 is titled “Hospitality agreement” and appears in Part VII, Technical Provisions.
35. Hospitality agreement. PART VII TECHNICAL PROVISIONS - 35 Verify source ↗
(1) A person who
AI-assisted research summary: A person seeking to do petroleum wholesale business may ask a depot owner for a hospitality arrangement if the depot is licensed.
35.-(1) A person who to undertake petroleum wholesale business may request a depot owner to enter into a hospitality arrangement to use the said depot to conduct a wholesale business, provided that, the said depot is licensed pursuant to the provisions of these Rules. intends (2) A depot owner shall, within thirty days after 25 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) receipt of a written request for a hospitality arrangement from any person pursuant to subrule (1), notify such person whether it has accepted or denied such request. (3) A depot owner may deny a request for a hospitality arrangement made by any person pursuant to subrule (2), where the request made is not economically or technically feasible. (4) Where a depot owner denies a request for a hospitality arrangement pursuant to subrule (3) such depot owner shall give reasons in writing to the applicant. Cap. 414 (5) Where a person is aggrieved by the refusal of a depot owner under subrule (3) and (4), such person may refer the matter to the Authority for decision and the Authority shall deal with such matter in accordance with the provisions of Part VI of the Energy and Water Utilities Regulatory Authority Act. (6) Subject licence of a wholesaler who has entered into a hospitality arrangement with a licensee shall be invalidated by virtue of the suspension or revocation of the licence of such licensee. to subrule (7), no (7) Where a depot is closed due to suspension or revocation of a licence, a wholesaler with a hospitality arrangement with a licensee of a closed facility shall be given three months to find another hospitality arrangement, failure of which shall render its licence ineffectual. PART VII TECHNICAL PROVISIONS Compliance with specifications and standards
Part
PART VII
- 36 Verify source ↗
Compliance with specifications and standards
AI-assisted research summary: This section is about compliance with specifications and standards.
36. Compliance with specifications and standards. - 39 Verify source ↗
Technical requirement of retail outlet
AI-assisted research summary: This section is titled “Technical requirement of retail outlet,” but the provided text does not state the rule itself.
39. Technical requirement of retail outlet. - 41 Verify source ↗
Earth bonding and installation Electronic Fiscal Pump Printer
AI-assisted research summary: Section heading for earth bonding and installation of an electronic fiscal pump printer.
41. Earth bonding and installation Electronic Fiscal Pump Printer. 2 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) - 47 Verify source ↗
Technical requirement of consumer installation facility
AI-assisted research summary: This section concerns the technical requirement for a consumer installation facility.
47. Technical requirement of consumer installation facility. - 51 Verify source ↗
Site restoration
AI-assisted research summary: This section is titled “Site restoration.”
51. Site restoration. PART VIII COMPLIANCE AND ENFORCEMENT - 36
AI-assisted research summary: A licensee and anyone granted construction approval must follow the approved specifications for a regulated facility and petroleum product handling, storage, and composition, if those specifications are consistent with the Rules and applicable law.
36. A licensee and any person granted a construction approval shall comply with the approved specifications pertaining to the construction of a regulated facility, handling operations, storage and composition of a petroleum product which is consistent with these Rules and applicable law. Technical requirements for a depot - 37 Verify source ↗
(1) A depot operator shall establish and
AI-assisted research summary: A depot operator must put safety procedures and emergency plans in place and follow a range of health, safety, training, signage, equipment, and inspection requirements for depot operations.
37.-(1) A depot operator shall establish and implement Health, Safety and Environment policy, Standard Operating Procedures and Emergency Response Plan to ensure safe depot operations. 26 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) (2) A depot operator shall ensure the depot personnel and visitors at the depot operations areas put on proper Personal Protective Equipment. (3) A depot operator shall ensure that all operational personnel undergo training on all relevant areas such as depot safety procedures, firefighting, first aid etc. Proof of such trainings must be at all times available for inspection. equipment maintenance, operations, (4) A depot operator shall ensure that Material Safety Data Sheet for all products handled at the depot are available. (5) A depot operator shall ensure that HSE audits are performed annually, properly documented and available for inspection which include electrical installations audits, performance of relief valves, pressure tests for delivery hoses, performance of OWS, medical check-up for depot staffs and audit of firefighting equipment. (6) A depot operator shall display a lay out plan of the depot which conforms with as-built facility and equipment at conspicuous place near the entrance gate. (7) A depot operator shall ensure that emergency contact numbers of fire and rescue services providers, ambulance, police or manager or owner are recorded and clearly displayed near every telephone, control centers and by the gate. (8) A depot operator shall display adequate safety warnings written and symbolic throughout the depot which include no smoking, no mobile phones, no lighters, no fire arms, no knifes or sharp objects, speed limit and high-risk zones in both Kiswahili and English. (9) A depot operator shall ensure that tanks are properly information or data including earth resistance, dates of installation, capacities, product contained, maintenance and performed checks. labeled with necessary (10) A depot operator shall ensure that there are adequate means of protection against falls that may be caused by tripping or slipping during loading of road tankers or wagons are always available. (11) A depot operator shall ensure that there are adequate and operational firefighting system that includes 27 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) fire water supply, mechanical fire pump, manual fire alarm, jokey pump, foam system, adequate sand bins and fire extinguishers of appropriate types and sizes, adequate stand pipes with fire hoses and nozzles and water showering rings at storage tanks and filling gantry. (12) A depot operator shall ensure that there are technical means for prevention of product spillage in petroleum tanks which includes level alarms, emergency stop and automatic motorized valves. Colour codes for depot pipelines - 38 Verify source ↗
A depot operator shall ensure the all the
AI-assisted research summary: A depot operator must ensure that all pipelines at the depot are properly colour coded.
38. A depot operator shall ensure the all the pipelines at the depot are properly colour coded as follows: (a) Gasoline pipeline – Silver and Red Strips; (b) Automotive Gas Oil pipeline – Grey and Yellow Strips; (c) Kerosene pipeline – Blue Strips; (d) Jet A1 pipeline – White and Black Strips (Zebra); (e) Aviation Gasoline (AVGas) pipeline – White; (f) Industrial Diesel Oil (IDO) pipeline – Black and Grey strips; (g) Furnace Oil pipeline – Black; (h) Fire Hydrant pipeline – Red; and (i) Foam pipeline – Yellow. Technical requirements for retail outlet - 39 Verify source ↗
(1) A retailer shall, in order to facilitate
AI-assisted research summary: A retailer must colour-code tank covers and slabs for product identification and design the forecourt so customers can move safely and use related facilities.
39.-(1) A retailer shall, in order to facilitate identification during product deliveries into underground storage tanks, ensure that tanks manhole covers and slabs have the following colour coding: (a) gasoline (b) kerosene (c) automotive Gas Oil red; blue; and yellow. - - - (2) A retailer shall ensure that the forecourt of a retail outlet is designed to enable a customer to get on and off the refueling area safely and rapidly, and to use add-on facilities such as convenience shops, lube or wash bay, vulcanizing center, tyre alignment, air, water and balancing facilities. 28 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) Location of dispensing pumps - 40 Verify source ↗
(1) A retailer shall ensure that all dispensing
AI-assisted research summary: Retailers must place dispensing pumps safely and make retail outlet forecourts and fueling areas meet specified construction and visibility requirements.
40.-(1) A retailer shall ensure that all dispensing pumps at a retail outlet are properly located to allow: (a) full visibility of dispensing pumps to approaching customer; (b) full visibility of dispensing pumps from the supervisor’s office for security as well as overall control; provided that, where this cannot be achieved due to design constraints Closed Circuit Television shall be used; and (c) easy access to pumps and avoid tight turning circles or the need for maneuvering to approach refueling positions. (2) A retailer shall ensure that: (a) the forecourt or drive ways of a retail outlet are constructed using concrete, pavement blocks or asphalt with a provision made for a level bay to allow accurate measurements of received petroleum products; and (b) fueling and offloading areas of a retail outlet are constructed out of hard surface or concrete to protect the soil from oil spills. - 41 Verify source ↗
A retailer shall ensure it installs and maintains
AI-assisted research summary: A retailer must install and maintain an offloading area with an earth bonding wire and dispensing pumps with an Electronic Fiscal Pump Printer, as required by applicable law.
41. A retailer shall ensure it installs and maintains- (a) the offloading area with earth bonding wire; and (b) the dispensing pumps with Electronic Fiscal Pump Printer as required by the applicable law. - 42 Verify source ↗
(1) A retailer shall ensure that a retail outlet has
AI-assisted research summary: A retailer must provide oil interceptors at a retail outlet and keep the fueling/drainage connection linked to that interceptor; effluent hydrocarbon content must not exceed 10 parts per million.
42.-(1) A retailer shall ensure that a retail outlet has oil interceptors. (2) Fueling area and discharge for the drainage system shall be connected to the retail outlet oil interceptor. (3) A retailer shall ensure that the hydrocarbon content in effluent from the oil interceptor does not exceed ten parts per million . Earth bonding and installation electronic fiscal pump printer Maintenance of oil interceptors Building designs and canopies - 43 Verify source ↗
(1) A retailer shall ensure that buildings at a
AI-assisted research summary: Retailers must ensure retail outlets are designed and equipped for security and nighttime safety, including safe cash handling, drop safes, security cameras, suitable canopy construction, adequate lighting, and explosion-protected luminaries.
43.-(1) A retailer shall ensure that buildings at a retail outlet are designed and constructed to allow safe cash handling system, drop safes, nighttime pay windows and are fitted with adequate number of security cameras at areas with high security risks. 29 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) (2) A retailer shall ensure that canopies at the retail outlet are constructed using non-combustible materials and are above hazardous areas related to dispensing equipment and have a minimum height of five meters from forecourt finish level. (3) A retailer shall ensure that illumination provided at a retail outlet is good enough to allow clear visibility for operation and security purposes at night. (4) A retailer shall ensure that every luminary installed at a retail outlet is suitably explosion protected. - 44 Verify source ↗
(1) A stand-by electrical power generator with
AI-assisted research summary: A retailer must install an emergency switch at all sites so power to dispensing pumps can be cut off during emergencies such as oil spills or fire.
44.-(1) A stand-by electrical power generator with capacity matching the retail outlet’s electrical power requirements shall be installed to provide power to cover operations, security and lighting in cases of power outages or black-outs. (2) A retailer shall ensure that an emergency switch is installed on all sites to cut-off power supply to all dispensing pumps in case of emergency situation including oil spill and fire. Electrical stand-by generator Petroleum price billboards - 45 Verify source ↗
(1) A petroleum price billboard shall be erected
AI-assisted research summary: A petroleum price billboard must be erected conspicuously at a retail outlet, either as a free-standing structure or as part of the prime sign, with minimum dimensions specified in the provision.
45.-(1) A petroleum price billboard shall be erected conspicuously at a retail outlet as a free-standing structure or as part of the prime sign with the minimum dimensions of: (a) length - (b) breadth - (c) thickness - (2) The base of the billboard shall not be less than - 3 Verify source ↗
0 meters high from ground level
AI-assisted research summary: Retail outlets must display petroleum product prices on the billboard, and unit prices must be shown in Tanzania Shillings per litre.
3.0 meters high from ground level. (3) The prices of all petroleum products on offer for sale at a retail outlet shall be displayed on the billboard and the unit price of each petroleum product shall appear in Tanzania Shillings per litres. (4) The nature of the billboard may include neon or electronic messaging, provided the prices are clearly legible to all motorists approaching a retail outlet from a minimum distance of fifty meters. Warning signs - 46 Verify source ↗
(1) Warning notices and pictograms shall be
AI-assisted research summary: Regulated facilities must display safety warning notices and pictograms, and retailers must ensure underground tank identification shows specified details.
46. -(1) Warning notices and pictograms shall be 30 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) boldly displayed at a regulated facility to communicate to customers, visitors and attendants the following: (a) Petroleum Motor Spirit, Highly Inflammable; (b) No Smoking; (c) No Naked Fire; (d) Switch Off Engine; (e) Switch Off Mobile Phones; and (f) No Firearms within eight metres from dispensing and offloading area. (2) The notices and pictograms described in subrule (1) shall be installed in the vicinity of a dispensing pump, underground tanks, filling points and vent pipes and shall be conspicuous from a distance of three to five meters. The notices shall be written in both Kiswahili and English. (3) A retailer shall ensure that an underground tank’s identification includes the following: (a) tank number; (b) maximum working capacity; (c) product grade; and (d) colour code. Technical requirements for consumer installation facility - 47 Verify source ↗
(1) A consumer with above ground storage
AI-assisted research summary: Consumers with above-ground or underground storage facilities must follow the technical requirements referenced for depot operators or retailers.
47.-(1) A consumer with above ground storage facility shall observe the technical requirements of a depot operator. (2) A consumer with underground storage facility shall observe the technical requirements of a retailer. Fire precaution - 48 Verify source ↗
(1) A licensee shall
AI-assisted research summary: A licensee must keep a petroleum facility safe from fire and explosion risks, warn about hazardous areas, prevent unsafe ignition sources, provide and maintain fire equipment, and prepare a fire emergency plan.
48.-(1) A licensee shall- (a) ensure that buildings, roads, structures and plants used in connection with a facility are designed, and maintained; (i) constructed, equipped (ii) in such a way as to prevent fires and explosions; so as to minimize the harmful effects of fires; or explosions if they occur. (b) ensure that personnel involved in the handling and dispensing of a petroleum product exercise caution in respect of anything that may cause 31 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) fire or an explosion, and that such personnel follow applicable law on matters related to fire and explosions; and (c) clearly indicate by a sign a place at a facility where a petroleum product is handled or stored; (2) A licensee shall ensure that no person throws, leaves or creates any open or naked light, spark or flame or any burning or smoldering material on a facility. (3) A licensee shall ensure that no person- (a) keeps an engine running while a petroleum product is being loaded into a vehicle; and (b) receives or makes calls from a cellular telephone electronic communication apparatus within a regulated facility except in places specifically designated for such activity. other any or (4) A licensee shall take adequate precautions to prevent the outbreak of fire when storing, keeping, handling, conveying, using or disposing of a petroleum product. (5) A licensee shall provide adequate fire extinguishing equipment and maintain such equipment in good working condition in accordance with these Rules, applicable law and standards and pursuant to directives issued by the Authority. (6) A licensee shall- (a) position the equipment described in subrule (5) in accessible places at a facility; and (b) in any event, not less than once a year, test the equipment described in subrule (5) pursuant to applicable law. (7) A licensee shall establish a fire emergency plan to be employed in the event of a fire at a facility that shall: (a) include a suitable and adequate fire-fighting plan that comprises: (i) (ii) the locations and types of all fire- fighting equipment; and an action plan that identifies, inter alia, assembly points and the tasks of 32 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) all employees; (b) include provisions for the training of employees to deal with a fire emergency situation, the records of which shall be preserved; (c) be provided to employees employed in or on the relevant premises; and (d) on request,be made available to the Authority. - 49 Verify source ↗
(1) A licensee shall, where a petroleum product
AI-assisted research summary: A licensee must report a petroleum product spill to the Authority within 24 hours and take necessary cleanup steps.
49.-(1) A licensee shall, where a petroleum product (a) as soon as practicable and in any event not more than twenty-four hours after the occurrence of such spill, inform the Authority about such spill; and (b) take all necessary steps pursuant the provisions of the Environmental Management Act and Best International Petroleum Industry Practices or otherwise as may be necessary to clean up such spill. to Control of petroleum product spill spill- Cap. 191 (2) Where a licensee fails to comply with subrule (1) (b) within the period of time established by the Authority, the Authority may, by written notice, order such a licensee to take such steps as the Authority may require in order to clean up a petroleum product spill at its own cost. (3) A licensee who fails to comply with an order of the Authority issued pursuant to subrule (2) commits an offence and shall, on conviction, be liable to a fine of not less than ten million shillings or to imprisonment for a term of not less than two years or to both. (4) Without prejudice to the provisions of subrules (1), (2) and (3), any person who is affected by any spill of a petroleum product and seeks redress, shall first lodge a complaint with a licensee that has caused such spill with a view to reaching an amicable settlement. (5) Where no settlement is reached under subrule (4), a person who is affected by the spill may lodge a complaint to the Authority for compensation from the licensee who is responsible for the spill, and the Authority shall deal with such complaint in accordance with the provisions of Part VI of the Energy and Water Utilities 33 Cap .414 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) Regulatory Authority Act. Decommissio ning procedure - 50 Verify source ↗
(1) A regulated facility may, subject to the
AI-assisted research summary: A regulated facility may be decommissioned under this section, and the licensee or owner must file a decommissioning plan, notify the Authority in advance, and pay the required fund and any extra costs.
50.-(1) A regulated facility may, subject to the provisions of the Act and these Rules, be decommissioned- (a) after receipt of a written application for a decommissioning from a licensee; (b) by an order of the Authority where it is satisfied that such facility has been abandoned by its licensee for a period of not less than three months; or (c) by an order of the Authority that the same be is decommissioned where satisfied that the continued operation of such facility poses or may pose a danger to lives and property. the Authority (2) A licensee or the owner of a facility shall, at the earliest four years, but at the latest two years before the time when the use of a facility is expected to be terminated permanently, submit to the Authority for approval a decommissioning plan substantiating the following- (a) associated costs; and (b) the intended methods decommissioning. to be used during (3) The Authority shall, within forty five days from the date of receipt of the plan submitted in subrule (2) approve with such conditions as it may deem fit. (4) A licensee or owner 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 in order to enable the Authority make necessary inspections and to issue the necessary approvals. (7) Notwithstanding the decommissioning cost exceeds the fund in trust of the (4), where subrule 34 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) 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) A licensee or owner shall be updating the decommissioning plan in form of techniques and methods prevailing at a particular time. Site restoration - 51 Verify source ↗
(1) The Authority shall, after confirming that
AI-assisted research summary: The Authority must issue a certificate of compliance to a licensee after confirming the facility area has been restored, and must consult the Council before issuing the certificate.
51.-(1) The Authority shall, after confirming that the area where a regulated facility has been constructed has been restored to its original state by a licensee, issue a certificate of compliance to such licensee. (2) For the purposes of subrule (1) “restore” means to: (a) return the area on which a facility is located to its original and natural state as it was prior to the installation of such facility; or (b) render the area in which facility is located, or part thereof, compatible with its intended after- use, including: (a) removing buildings, structures, plant and debris; (b) establishing compatible contours and drainage; (c) replacing top soil, re-vegetation, slope stabilization; and (d) infilling excavations. (3) The Authority shall, before issuing a certificate of compliance under subrule (1), consult the Council. PART VIII COMPLIANCE AND ENFORCEMENT Inspection of facility Cap.414
Part
PART VIII
- 56 Verify source ↗
Penalties for tampering, cutting seals and tapes or removing signage
AI-assisted research summary: This section concerns penalties for tampering with, cutting seals and tapes, or removing signage at a regulated facility.
56. Penalties for tampering, cutting seals and tapes or removing signage to regulated facility. - 57 Verify source ↗
Obligation of inspectors during inspections
AI-assisted research summary: This section concerns inspectors’ obligations during inspections.
57. Obligation of inspectors during inspections. - 58 Verify source ↗
Prohibited acts against inspectors
AI-assisted research summary: This section is titled “Prohibited acts against inspectors.”
58. Prohibited acts against inspectors. PART IX GENERAL PROVISIONS - 52 Verify source ↗
(1) The Authority may inspect any regulated
AI-assisted research summary: The Authority may inspect regulated facilities and related items to check compliance, and inspectors may take samples, copy records, and inspect equipment and vehicles; operators must help when asked during the inspection.
52.-(1) The Authority may inspect any regulated facility, premises, vehicle, equipment, document or vessel with a view to checking on the compliance therein with the provisions of the Act, the Energy and Water Utilities Regulatory Authority Act; and these Rules. (2) The Authority shall have the right of access to inspect a regulated facility, premises, vehicle, vessel, 35 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) equipment and documents, and an operator shall render such assistance to an inspector as may be required in the course of such inspection. (3) During inspection an inspector may- (a) take samples of any substance or articles stored in any regulated facility, premises, vessel or vehicle; (b) make copies or take extracts from any book, accounts or records kept on a regulated facility, premises, vessel or vehicle; (c) inspect machinery, equipment, appliances, meters, fittings and apparatus; and (d) inspect any vehicle or vessel that is found at a regulated facility or any premise. - 53 Verify source ↗
(1) At the conclusion of an inspection and
AI-assisted research summary: After an inspection, a responsible person must complete Form No. 6 if a violation is found, and the inspector may close or impound a facility or transport unit in an imminent danger case.
53.-(1) At the conclusion of an inspection and where it is found that there was violation of the provisions of the Act, the Energy and Water Utilities Regulatory Authority Act; and these Rules, a person responsible for such violation shall be required to fill in Form No. 6 set out in the First Schedule to these Rules in the following manner- (a) where such person disputes the offence, fill in Part A of the Notification of the Offence; or (b) where such person admits the offence, fill in Part B of the Notification of the Offences. (2) In the event the person who has been found in violation of the law and who has admitted to the offence under the provision of subrule 1 (a), such person shall, pursuant to the provisions of the Energy and Water Utilities Regulatory Authority of Offence) Regulations, 2020 be required to pay the prescribed fine. (Compounding (3) Where a person who has been found in violation of the law and who disputed the offence under the provision of sub-rule 1 (b), such person shall, be charged with a criminal offence and the provisions of the Energy and Water Utilities Regulatory Authority (Compounding of Offence) Regulations, 2020 shall apply. (4) Upon the conclusion of the inspection and where the inspector is satisfied that the continued operation 36 Notification of offences GN.NO. 397 of 2020 GN.NO. 397 of 2020 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) of the transport unit or a facility poses an imminent danger to the lives of people and animals or destruction of property, he may proceed to order for the closure or impoundment, as the case may be, of the said facility or transport unit regardless of whether the said person has admitted to the offence or not. (5) Notwithstanding the provisions of subrule (4), an inspector who has decided to close a facility or to impound a transport unit, shall note down the reasons which have compelled him to take such decision including all the available evidences.
Part
PART IX
- 63 Verify source ↗
Authority to supplement procedures
AI-assisted research summary: This section is a heading for the authority to supplement procedures in the Petroleum Act rules.
63. Authority to supplement procedures. 3 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) THE PETROLEUM ACT, (CAP. 392) _______ RULES _______ (Made under section 259(1)) THE PETROLEUM (WHOLESALE, STORAGE, RETAIL AND CONSUMER INSTALLATION OPERATIONS) RULES, 2022 PART I PRELIMINARY PROVISIONS Citation
Part
PART I
- 1 Verify source ↗
These Rules may be cited as
AI-assisted research summary: These Rules may be cited as the (Wholesale, Storage, Retail and Consumer Operations) Rules, 2022.
1. These Rules may be cited as (Wholesale, Storage, Retail and Consumer Operations) Rules, 2022. the Petroleum Installation Application Interpretation Cap. 392 - 2 Verify source ↗
These Rules shall regulate the activities related to
AI-assisted research summary: These Rules regulate certain petroleum businesses in Mainland Tanzania, but they do not apply to petroleum retail business in townships and villages.
2. These Rules shall regulate the activities related to petroleum wholesale business, petroleum storage business, petroleum retail operations business, petroleum consumer installation operations and related matters in Mainland Tanzania but shall not apply to petroleum retail business in townships and villages. - 3 Verify source ↗
In these Rules, unless the context otherwise requires
AI-assisted research summary: This section defines key terms used in the Rules for petroleum storage, wholesale, retail, and consumer installation operations.
3. In these Rules, unless the context otherwise requires- “Act” means the Petroleum Act; “applicable legislation, law” means any principal treaty, convention, proclamation, regulation, rule, order or by- law that is customarily treated in Tanzania as having legally binding force and which is relevant to matters the regulation of petroleum storage pertaining business, wholesale business, retail business and consumer installation operations; to “approved specification” means any specification or standard in relation to a petroleum product applied by the Authority and as approved by the Tanzania Bureau of Standards pursuant to the Standards Act, or any other standards that are widely used for Best International Petroleum Industry Practices; “Authority” means the Energy and Water Utilities Regulatory Authority established under the Energy and Water Cap. 130 Cap. 414 4 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) Utilities Regulatory Authority Act; “Best International Petroleum Industry Practices” means practises in accordance with the most up to date international standards that are generally accepted in the international petroleum industry for the conduct of petroleum activities taking into account the relevant safety, economic, technological and environmental aspects; “bulk quantity” means a single lot of not less than five hundred metric tonnes of a petroleum product; “Commission” means the Fair Competition Commission established under the Fair Competition Act; “complaint” means a written or oral statement comprising of the facts of a matter or act complained of, related to a licensed activity, that invokes the regulatory power or jurisdiction of the Authority, and specifying the relief sought; “complainant” means a person that has filed a complaint with the Authority pursuant to rules made by the Authority; “consumer installation facility” means a petroleum product handling facility operated or to be operated by a consumer for own use purposes; “consumer installation licence” means a licence issued by the Authority authorizing a consumer to operate a consumer installation facility; “consumer installation licensee” means the holder of a consumer installation licence; “consumer installation operations” means any activity necessary to operate a consumer installation facility and includes all activities in respect of such facility and any activity reasonably required in connection with obtaining, handling, possession, storage and dispensing of a petroleum product for own use at such facility; “compliance order” means an order issued by the Authority pursuant to section 39 of the the Energy and Water Utilities Regulatory Authority Act; “Council” means the National Environment Management Council established under the Environment Management Act; “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 5 Cap. 285 Cap. 191 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) (b) creates an environmental harm; immediate risk of significant “depot” means a petroleum storage facility that has been constructed and meet the approved specification in respect of which wholesale business or petroleum storage business is carried out and it includes buildings, storage tanks, pipelines, pump house, loading gantry and firefighting systems; “depot operator” means a person licensed to operate a depot; “incident” means- (a) an event that involves a leakage of a petroleum product from a storage facility; (b) a spill of a petroleum product as a result of dispensing or offloading activities provided that, such spillage is not less than 200 litres; (c) death or personal injury occurring as a consequence of an action that is related to a regulated activity; (d) a fire or an event incidental thereto that results from an action that is related to a regulated activity; (e) an event that results in an emergency shutdown of a facility; and (f) any other significant event that may adversely affect the conduct of a regulated activity. “inspector” means an officer or agent of the Authority appointed by the Authority to perform inspection as required under the Act and applicable law; “licence” means an authorization issued by the Authority to undertake a regulated activity; “licensee” means the holder of a licence; “licence fee” means a fee payable by a licensee as shall be prescribed by the Authority from time to time; in the economy of Tanzania “local content” means the quantum of composite value added to, or created through deliberate utilization of Tanzanian human and material resources and services in the petroleum operations in order to stimulate the development of capabilities of Tanzanians and to encourage local investment and participation; “Minister” means the minister responsible for petroleum affairs; “Notification of offence” means the notification prescribed in rule 53(1); “NPGIS” means the National Petroleum and Gas Information System established under section 124 of the Act; “operator” means a person licensed to undertake a regulated 6 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) activity; “petroleum” means petroleum crude and any liquid or gas made from petroleum crude, coal, schist, shale, tree, peat or any produce of petroleum crude and includes condensate; “petroleum product” means an organic compound, pure or blended, which the refining or is derived from processing of petroleum crude oils, bio-fuels, or synthetic fuels and include: (a) (b) (c) (d) (e) (f) (g) (h) (i) residual fuel oils asphalts, bitumen, petroleum coke and other residual product; bunkers or heavy for combustion engines or industrial heat processes, such as burners for boilers or heating furnaces; commercial gases which include methane, ethane, propane, butane and other similar petroleum gases, biogas or mixture of these gases, whether in gaseous or liquefied state; gasoil or automotive diesel, biodiesel, industrial marine diesels or synthetic diesel; gasoline, bio-naphtha or a bio-ethanol product; kerosene or other similar oils for illumination or combustion applications; lubricating oils, base oil or refined and blended finished oil; turbo fuels for jet propulsion engines; and other product or by-products of petroleum crude processing having a Flash Point lower than 120 degrees Celsius, and determined in a Pensky- Martens Closed Cup (PMCC) test apparatus; “petroleum product spill” means the discharge of a petroleum product of not less than two hundred litres onto or into any land or water, or any structure or thing; “petroleum storage business” means the operations related to receiving, storing and loading of a petroleum product in bulk quantity at a depot including hospitality arrangements; “regulated activity” means wholesale business, petroleum storage business, retail business or consumer installation operations; “regulated facility” means a depot, consumer installation facility or a retail outlet; “retail outlet” means a facility that has been constructed and meet approved specification and includes the buildings, 7 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) storage tanks and dispensing pumps in respect of which a retailer is conducting retail business; “retail business” means the sale or offer for sale of a petroleum product at a retail outlet; “retailer” means a person licensed to operate a retail outlet; “rural area” means a peri urban area or villages; “supervisor” means the operator or other person responsible for the management and monitoring of a facility and is deemed to be authorized to: (a) (b) grant an inspector access to a facility, answer their questions and witness the taking of samples and the carrying out of inspections; and identify physical defects and operational deficiencies within the facility and, as required, take decisions related to the suitability of such facility for use; “Tanzania Revenue Authority” means the revenue authority established under the Tanzania Revenue Authority Act; “township” means the area of jurisdiction of a township authority; “township authority” means a township authority established under section 13 of the Local Government (District Authorities) Act; “transport unit” means any car, machinery, ship, truck, railway wagon, barge or other means of transporting a petroleum product; “Tribunal” means the Fair Competition Tribunal established under the Fair Competition Act; “village” means a village registered under the Local Government (District Authorities) Act; “wholesaler” means a person licensed to undertake importation of a petroleum product in bulk quantity for the purpose of wholesale business; and “Wholesale business” means the importation of petroleum product in bulk quantity and selling of petroleum products to licensed retailers and consumers and includes transit trade in petroleum products; PART II APPLICATION FOR A CONSTRUCTION APPROVAL Cap. 399 Cap.287 Cap. 285 Cap.287 Application for construction approval
Part
Part B of the Notification of the Offences.
- 54 Verify source ↗
The Authority shall, where it is satisfied that a
AI-assisted research summary: The Authority must issue a compliance order to a person responsible for a violation when it is satisfied that the person has committed, is likely to commit, or has violated specified legal provisions.
54. The Authority shall, where it is satisfied that a person has committed an offence or is likely to commit an offence or violated the provisions of the Act, the Energy and Water Utilities Regulatory Authority Act and the provisions of these Rules, issue a compliance order to the person responsible for such violation. - 55 Verify source ↗
(1) Notwithstanding any provision in these
AI-assisted research summary: An inspector may enter and shut down or impound a regulated facility, building, premises, or transport unit when the inspector finds a regulated activity is being carried on in contravention of the Rules.
55.-(1) Notwithstanding any provision in these Rules, an inspector shall have the right and obligation to enter upon any regulated facility, building, premises or transport unit and close it down by putting a seal or impound it as the case may be where he determines that a regulated activity in contravention of these Rules. is being conducted therein (2) An inspector may, while discharging the obligations under subrule (1), seek the assistance of law enforcement institutions including the police and such institution shall provide the requested assistance to the inspector. - 56 Verify source ↗
A person who
AI-assisted research summary: A person must not tamper with or cut a seal or yellow tape, or remove signage, that the Authority has affixed at a regulated facility.
56. A person who- (a) tampers with or cuts a seal or a yellow tape affixed by the Authority at a regulated facility; or removes any signage affixed by Authority at a regulated facility, commits an offence and shall, on conviction, be liable to a fine of not less than ten million shillings or imprisonment the (b) 37 Issuance of compliance order Cap. 414 Power to enter and close facility, building or premises Penalties for tampering, cutting seals and tapes or removing signage to regulated facility Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) Obligations of Inspector during inspection for a term not exceeding two years, or to both. - 57 Verify source ↗
(1) During inspection an inspector shall be
AI-assisted research summary: During inspection, an inspector must identify themselves, explain the inspection, act professionally and fairly, and avoid discrimination, conflict of interest, force, or abusive language. A person affected by an inspector’s act may report it in writing to the Authority within 14 days.
57. - (1) During inspection an inspector shall be required to do the following- (a) identify himself to a licensee or customer with identity card issued by the Authority; (b) explain to a licensee or customer the purpose of the inspection; (c) conduct himself with fairness, objectivity and integrity; (d) not engage in any form of discrimination, bias or harassment; (e) refrain from taking part in duty where they have or may appear to have conflict of interest; applicable (f) carry out inspection in a professional manner in accordance with the requirements of these Rules, codes, guidelines, inspection checklist, standards, Best International Petroleum Industry Practices; and (g) not use force or abusive, threatening and insulting language to a licensee or operator. (2) A inspector who contravenes the provision of subrule (1) shall be dealt with in accordance with the Authority’s procedures. laws and Prohibited acts against inspectors (3) A 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. - 58 Verify source ↗
(1) A licensee shall not
AI-assisted research summary: A licensee must not obstruct the Authority, use abusive language to Authority staff, ignore Authority requirements or notices, or refuse to answer Authority questions when required.
58.-(1) A licensee shall not- (a) hinder or obstruct the Authority in the exercise of any of the powers conferred upon it under these Rules; (b) use abusive, threatening or insulting language to an employee or agent of the Authority; (c) deny or fail to comply with a requirement, direction or notice of the Authority; and (d) when required by the Authority to answer a question, deny or fail to answer such question to the best of his knowledge, information and belief. 38 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) (2) A person who contravenes the provision of subrule (1) commits an offence and shall, on conviction, be liable to a fine of ten million shillings or to imprisonment for a term of not less than two years or to both. PART X GENERAL PROVISIONS
Part
PART X
- 59 Verify source ↗
A wholesaler who is engaging in retail business
AI-assisted research summary: A wholesaler who is also doing retail business may lose or have suspended its petroleum wholesale licence if it habitually commits an offence under these Rules in relation to retail operations or requirements.
59. A wholesaler who is engaging in retail business and habitually commits an offence against these Rules in relations to any retail operations or requirement may be liabe to, in addition to the specific penalty prescribed in these Rules; revocation or suspension of his petroleum wholesale licence pursuant to rule 24. - 60 Verify source ↗
(1) A person who contravene the provisions of
AI-assisted research summary: A person who breaches these Rules, where no specific penalty is set, is liable to a fine of five million shillings. The Authority may also require a public written apology or issue a warning.
60.-(1) A person who contravene the provisions of these Rules for which no specific penalty is prescribed shall be liable to a fine of five million shillings. (2) Notwithstanding the provisions of these Rules, the Authority may apart from the penalties prescribed: (a) require a person conducting a regulated activity who contravenes the provisions of these Rules to issue a public and written apology; and (b) issue a warning to a person conducting a the activity who contravenes regulated provisions of these Rules. - 61 Verify source ↗
A person who is aggrieved by a decision,
AI-assisted research summary: A person aggrieved by a decision, directive, or order of the Authority or an authorised officer may appeal within 14 days, following the Fair Competition Act.
61. A person who is aggrieved by a decision, directictives or order of the Authority or an authorised officer under Part II and III of these Rules may, within fourteen days from the date of the decision, direction or order, appeal in accordance with the provisions of the Fair Competition Act. the Fair Competition Tribunal to Habitual offender General penalty Appeal Cap. 285 Revocation and Savings GN. NO. 817 of 2020 - 62 Verify source ↗
(1) The Petroleum (Wholesale, Storage, Retail
AI-assisted research summary: The cited petroleum rules are revoked, but existing exemptions and directives under them continue in force as if made under the new Rules until revoked, expired, or otherwise ceased.
62.-(1) The Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) Rules, 2020 are hereby revoked. (2) Notwithstanding the revocation of the Petroleum (Wholesale, Storage, Retail and Consumer Installation 39 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) licences, approvals, orders, Operations) Rules, all exemptions or directives made or issued or deemed to have been made or issued under those rules shall be deemed to have been made under these Rules, and shall remain in force until revoked or otherwise expire or cease to have effect. Authority to supplement procedures - 63 Verify source ↗
Where procedures are not provided for in these
AI-assisted research summary: If these Rules do not provide procedures, the Authority may take any lawful action needed to adjudicate the matter fully and effectively.
63. Where procedures are not provided for in these Rules, the Authority may do whatever is necessary and permitted by law to enable it to effectively and completely adjudicate on any matter before it. 40 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) _______________ SCHEDULES _______________ _______________ FIRST SCHEDULE _______________ FORMS M NO. 1 PETROLEUM FACILITY CONSTRUCTION APPROVAL FOR (Made under rule 4(2)) For EWURA Use Only Date Received: File Number: Time Received: Received by: PART I: DETAILS OF THE APPLICANT
Part
PART I: DETAILS OF THE APPLICANT
- 1 Verify source ↗
Section 1
AI-assisted research summary: The applicant must provide its name, business address, postal address, telephone and fax numbers, cell phone number, and email address.
1. Name of Applicant (Insert trading name), business address, telephone and fax numbers (a) Name the Applicant:………………….................................................................. of (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: The form asks for the proposed facility’s location and complete address, including street, plot, block, building, and postal address.
2. Location and complete address of the proposed facility (a) Location: Street……............................….Plot No................................................. 41 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) Block No......................................... Building No…….......................... (b) Postal Address: ..................................................................................... - 3 Verify source ↗
Section 3
AI-assisted research summary: The form asks the applicant to state its legal status and provide proof of registration if available, including a TIN number, and to give a contact person.
3. 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).............................................................................................. (provide proof of registration if any including TIN No) Contact Person: - 4 Verify source ↗
Section 4
AI-assisted research summary: This section lists information fields to be completed on an application form and notes that essential documents must be attached or submitted for the application to be complete.
4. (a) Name: .................................................................................................... (b) Title: ...................................................................................................... (c) Physical address: Street……...........… Plot No…...................… Block No…................…. Building No……...................................................................................... (d) Postal Address: ..................................................................................... (e) Telephone Number: .............................................................................. (f) Facsimile: ........................................ Cell phone: ................................. (g) E-mail: .................................................................................................. PART II- ESSENTIAL DOCUMENTS TO BE ATTACHED/SUBMITTED FOR APPLICATION TO BE COMPLETE - 3 Verify source ↗
Section 3
AI-assisted research summary: The applicant must provide the retail outlet’s physical and postal address and contact details.
3. Physical and postal Address of the retail outlet: (a) Physical address: Street……......................................….Plot No........................................... Block No…......................................Building No……............................... (a) Postal Address: .......................................................................... (b) Telephone No: ........................................................................... (c) Facsimile: .................................Cell Phone................................ 44 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) PART I: DETAILS OF THE APPLICANT (d) E-Mail: ......................................................................................... - 4 Verify source ↗
Section 4
AI-assisted research summary: This provision lists the possible legal status categories for an applicant.
4. Legal status of the Applicant: Sole Proprietorship Partnership Public Limited Liability Company Private Limited Liability Company Parastatal Organization Government Agency Cooperative Society Joint Venture Other (specify)...................................................................................... - 5 Verify source ↗
Section 5
AI-assisted research summary: This section asks for contact person details, including name, title, addresses, phone numbers, fax, cell phone, and email.
5. Contact Person: (a) Name: ........................................................................................... (b) Title: ............................................................................................. (c) Physical address: Street…..................……Plot No…...............…Block No….......... Building No…................................................................................. (d) Postal Address: ............................................................................ (e) Telephone Number: ..................................................................... (f) Facsimile: ......................................Cell phone: ........................... (g) E-mail: .......................................................................................... - 6 Verify source ↗
Section 6
AI-assisted research summary: The applicant must provide certain applicant-related information on a separate sheet where applicable.
6. Provide on a Separate Sheet Information Related to the Applicant where applicable: Shareholding Arrangements Director(s) Members of the Board of Directors Chief Executive Officer (where applicable) (attach proof) - 7 Verify source ↗
Section 7
AI-assisted research summary: If the applicant is in a joint venture with another entity, the applicant must provide specified contact and address details.
7. 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: .......................................................................... 45 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) PART I: DETAILS OF THE APPLICANT (e) Telephone Number: .................................................................... (f) Facsimile: ....................................Cell phone: ........................... (g) E-mail: .............................. (attach copies of the documents applicable) PART – II BE ATTACHED/SUBMITTED FOR APPLICATION TO BE COMPLETE DOCUMENTS ESSENTIAL TO - 8 Verify source ↗
Section 8
AI-assisted research summary: The applicant must attach or submit the listed documents, where appropriate, for the application to be complete.
8. The applicant shall be required where appropriate, to attach/submit the following documents for the application to be complete: (a) Certified copy of Certificate of Occupancy (Title Deed) or any authorization from relevant land authority that approves the plot for development of petroleum facility; (b) Lease agreement in case the applicant is not the owner of the land on which a regulated facility has been constructed; (c) Certified copy of a building permit; (d) certified copy of a valid Fire Certificate from the Fire Department (e) Copy of construction approval from EWURA (applicable for regulated facility constructed from April 2009) (f) Certified copy of an Environmental Impact Assessment Certificate or environmental clearance documents issued by relevant Authority; (g) An engineering layout plan which shows the regulated facility constructed meets the approved specifications. The layout plan should be duly signed by a registered engineer; (h) Duly filled integrity pledge form; (i) Proof of payment of an EWURA application fee PART III – DECLARATION BY THE APPLICANT ) - 1 Verify source ↗
Section 1
AI-assisted research summary: The form asks for the applicant’s name, and allows a trading name to be inserted.
1. Name of Applicant (Insert trading name) - 2 Verify source ↗
Section 2
AI-assisted research summary: Fill in registration status details and attach the applicable documents.
2. Registration Status: (Fill Where Appropriate) (a) Certificate of Incorporation No…….........................…… (b) Memorandum and Articles of Association (where applicable) (c) Business license No.……………...........................…………… (d) TIN No. ........................................................................ (e) VAT No.………………………...........................……………. ( (attach copies of the documents applicable to you) - 3 Verify source ↗
Section 3
AI-assisted research summary: This provision lists contact details to be provided for a facility, including its physical address, postal address, telephone, facsimile, cell phone, and e-mail.
3. Physical and postal Address of the facility: (a) Physical address: Street……........….Plot No............. Block No…..............Building No……......................... (b) Postal Address: ......................................... (c) Telephone No: .......................................... (d) Facsimile: ............................Cell Phone................................ (e) E-Mail: ...................................................... - 4 Verify source ↗
Section 4
AI-assisted research summary: This section lists the applicant’s legal status options and includes an “Other (specify)” option.
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 47 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) PART I: DETAILS OF THE APPLICANT Other (specify)................................... - 5 Verify source ↗
Section 5
AI-assisted research summary: The form asks for a contact person’s name, title, addresses, phone numbers, fax, cell phone, and email.
5. Contact Person: (a) Name: ......................................................................................... (b) Title: ........................................................................................... (c) Physical address: Street……................…Plot No…..........…Block No…..........…. Building No……........................................................................... (d) Postal Address: .......................................................................... (e) Telephone Number: ................................................................... (f) Facsimile: ...................................Cell phone: ........................... (g) E-mail: ....................................................................................... - 7 Verify source ↗
Section 7
AI-assisted research summary: If the applicant is in a joint venture with another entity, the applicant must provide specified contact and identity details and attach applicable documents.
7. If the applicant is in a Joint Venture with another entity, provide the following details: (a) Name: ......................................................................................... (b) Title: ......................................................................................... (c) Physical address: Street………Plot No…....…Block No…......…. Building No……............................................................................ (d) Postal Address: ........................................................................... (e) Telephone Number: ................................................................... (f) Facsimile: ................................Cell phone: ............................... (g) E-mail: .............................. (attach copies of the documents applicable) PART II: ESSENTIAL BE ATTACHED/SUBMITTED FOR APPLICATION TO BE COMPLETE DOCUMENTS TO 48 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) PART I: DETAILS OF THE APPLICANT - 8 Verify source ↗
Section 8
AI-assisted research summary: The applicant must attach and submit the listed documents to complete the application, where appropriate.
8. The applicant shall be required where appropriate, to attach/submit the following documents for the application to be complete: . (a) A project or business plan describing the scope of the proposed business activity; (b) Resume of at least three personnel with adequate skills in petroleum industry business operations; (c) proof of ownership of a depot at the entry points (i.e. Dar es Salaam, Tanga and Mtwara) or hospitality agreement to use a depot located at entry points (i.e. Dar es Salaam, Tanga and Mtwara) if the applicant is not the owner of the depot; (d) Proof of financial capability which can be either of the following: (i) a bank guarantee or credit facility of not less than one billion and five hundred million Tanzania Shillings or equivalent in convertible currency; (ii) a bank statement of not more than three months to the date of application showing a credit balance of not less than one billion and five hundred million Tanzania Shillings or equivalent in convertible currency at a bank or financial institution licensed by the Bank of Tanzania to act as such; (iii) a letter of comfort from a financial institution or a bank licensed by the Bank of Tanzania that confirms that the bank or the financial institution shall extend a facility to the applicant for the amount of not less than one billion and five hundred million Tanzania Shillings or equivalent in convertible currency provided that the letter shall be signed by the chief executive officer or an authorized signatory of the financial institution or a bank; (iv) an audited financial statement showing annual gross turn over of not less than three billion and six hundred million Tanzania Shillings or equivalent in convertible currency; or (v) a proof of a support from a parent company which shall be in form of the following: approval of the Board of Directors of such parent company; and a proof of financial capability of the parent company which shall be either; an audited financial statement showing annual gross turnover of not less than three billion and six hundred million Tanzania Shillings or equivalent in convertible currency; or 49 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) PART I: DETAILS OF THE APPLICANT to a bank statement of not more than three months the date of application showing a credit balance of not less than one billion and five hundred million Tanzania Shillings or its equivalent in convertible currency. (e) Duly filled integrity pledge form; (f) Proof of payment of an EWURA application fee (g) OSHA certificate (h) certified copy of a valid Fire Certificate from the Fire Department; and (i) Resume of adequate skilled personnel. PART IV – DECLARATION BY THE APPLICANT - 1 Verify source ↗
Section 1
AI-assisted research summary: The form asks for the applicant’s name, including a trading name.
1. Name of Applicant (Insert trading name - 2 Verify source ↗
Section 2
AI-assisted research summary: This section lists registration-status details to be filled in where applicable, including incorporation, constitutional documents, business licence, TIN, and VAT information.
2. Registration Status: (Fill Where Appropriate) (a) Certificate of Incorporation No…….................................…… (b) Memorandum and Articles of Association (where applicable) (c) Business license No.……………..............................………… (d) TIN No. ..................................................................................... (e) VAT No.………………………...........................……………. ( (attach copies of the documents applicable to you) - 3 Verify source ↗
Section 3
AI-assisted research summary: This section asks for the facility’s contact details, including physical address, postal address, telephone, fax, cell phone, and e-mail.
3. Physical and postal Address of the facility: (a) Physical address: Street…….....................................….Plot No............................................ Block No…....................................Building No……................................. (b) Postal Address: .......................................................................... (c) Telephone No: ........................................................................... (d) Facsimile: ................................Cell Phone................................ (e) E-Mail: ...................................................................................... - 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.
4. Legal status of the Applicant: Sole Proprietorship Partnership Public Limited Liability Company Private Limited Liability Company 51 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) PART I: DETAILS OF THE APPLICANT Parastatal Organization Government Agency Cooperative Society Joint Venture Other (specify).................................................................................... - 5 Verify source ↗
Section 5
AI-assisted research summary: This section asks for the contact person’s 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:............................................................................................. - 7 Verify source ↗
Section 7
AI-assisted research summary: If the applicant is in a joint venture, the applicant must provide specified details and attach applicable documents.
7. If the applicant is in a Joint Venture with another entity, provide the following details: (h) Name: ......................................................................................... (i) Title: .......................................................................................... (j) Physical address: Street……....…Plot No…...…Block No…...…. Building No................................................................................... (k) Postal Address: .......................................................................... (l) Telephone Number: ................................................................... (m) Facsimile: ...............................Cell phone: ............................... (n) E-mail: .............................. (attach copies of the documents 52 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) PART I: DETAILS OF THE APPLICANT applicable) PART – II BE ATTACHED/SUBMITTED FOR APPLICATION TO BE COMPLETE DOCUMENTS ESSENTIAL TO - 8 Verify source ↗
Section 8
AI-assisted research summary: An applicant must attach and submit the listed documents so the application is complete, where appropriate.
8. The applicant shall be required where appropriate, to attach/submit the following documents for the application to be complete: (a) Certified copy of Certificate of Occupancy (Title Deed) or any authorization from relevant land authority that approves the plot for development of petroleum facility; (b) Lease agreement in case the applicant is not the owner of the land on which a regulated facility has been be constructed; (c) Certified copy of a building permit; (d) certified copy of a valid Fire Certificate from the Fire Department; (e) Resume of at least three personnel with adequate skills in petroleum depot operations; (f) Depot Emergency Response Plan; (g) Copy of construction approval from EWURA (applicable for regulated facility constructed from April 2009) (h) Certified copy of an Environmental Impact Assessment Certificate issued by relevant Authority; (i) An engineering layout plan which shows the regulated facility constructed meets the approved specifications. The layout plan should be duly signed by a registered engineer; (j) A project or business plan describing the scope of the proposed business activity; (k) Duly filled integrity pledge form; (l) Proof of payment of an EWURA application fee PART III – DECLARATION BY THE APPLICANT - 2 Verify source ↗
Section 2
AI-assisted research summary: This form section asks the filer to provide registration details and attach copies of applicable documents.
2. Registration Status: (Fill Where Appropriate) (a) Certificate of Incorporation No……..................................…… (b) Memorandum and Articles of Association (where applicable) (c) Business license No.……………..........................…………… (d) TIN No. ...................................................................................... (e) VAT No.………………………...........................……………. ( (attach copies of the documents applicable to you) - 3 Verify source ↗
Section 3
AI-assisted research summary: The form asks for the facility’s physical and postal address and contact details.
3. Physical and postal Address of the facility: (a) Physical address: Street……...............................................….Plot No................................... Block No….......................................Building No……............................... (b) Postal Address: ........................................................................... (c) Telephone No: ............................................................................ (d) Facsimile: ..................................Cell Phone................................ (e) E-Mail: ....................................................................................... - 4 Verify source ↗
Section 4
AI-assisted research summary: The provision lists the legal status types an applicant may select or identify as.
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)..................................................................................... 54 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) - 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: ..................................................................................... - 7 Verify source ↗
Section 7
AI-assisted research summary: If the applicant is in a joint venture with another entity, the applicant must provide specified identity, contact, and address details, and attach applicable documents.
7. If the applicant is in a Joint Venture with another entity, provide the following details: (a) Name: ......................................................................................... (b) Title: ........................................................................................... (c) Physical address: Street……...…Plot No…...…Block No…....…. Building No…….......................................................................... (d) Postal Address: .......................................................................... (e) Telephone Number: .................................................................. (f) Facsimile: ...............................Cell phone: ................................ (g) E-mail: .............................. (attach copies of the documents applicable) - 8 Verify source ↗
Section 8
AI-assisted research summary: The form asks the applicant to state the nature of the business being carried on and relates to petroleum operations.
8. Nature of Business the applicant is dealing with? Commercial or industrial undertaking Government Institution Agricultural farm Mines PART II BE ATTACHED/SUBMITTED FOR APPLICATION TO BE DOCUMENTS ESSENTIAL TO – 55 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) COMPLETE - 9 Verify source ↗
Section 9
AI-assisted research summary: The applicant must submit the listed supporting documents, where appropriate, so the application is complete.
9. The applicant shall be required where appropriate, to attach/submit the following documents for the application to be complete: (a) (b) Certified copy of proof of ownership of land on which the consumer installation to be constructed; (c) Lease agreement in case the applicant is not the owner of the land on which a regulated facility has been constructed; (d) Certified copy of a building permit; (e) certified copy of a valid Fire Certificate from the Fire Department; (f) An engineering layout plan which shows the regulated facility constructed meets the approved specifications. The layout plan should be duly signed by a registered engineer; (g) Details of the applicants operations and the expected petroleum product requirements per month; (h) The proof that, due to the nature of applicant’s operations or equipment its facilities cannot easily access petroleum retail outlet; (i) Duly filled integrity pledge form; (j) Proof of payment of an EWURA application fee PART III – DECLARATION BY THE APPLICANT - 3 Verify source ↗
Section 3
AI-assisted research summary: This item is a form section asking for the physical, postal, telephone, fax, cell phone, and email details of a facility or licensee.
3. Address of facility or licensee (as appropriate): (a) Physical address: Stree......................Plot No............. Block No…........ Building No……......................................................................................... (b) Postal Address: ....................................................................................... (c) Telephone No: ........................................................................................ (d) Facsimile: ............................................ Cell Phone................................ (e) E-Mail: ................................................................................................. - 4 Verify source ↗
Section 4
AI-assisted research summary: This section lists the applicant’s legal status options to be selected or specified.
4. Legal status of the Applicant: Sole Proprietorship Partnership Public Limited Liability Company Private Limited Liability Company Parastatal Organization Government Agency Cooperative Society Joint Venture Other (specify).......................................................................................... - 5 Verify source ↗
Section 5
AI-assisted research summary: This section lists the contact person details to be provided, including name, title, physical address, postal address, telephone, facsimile, cell phone, and e-mail.
5. Contact Person: (h) Name: ……........................................................................................ (i) Title: ……......................................................................................... (j) Physical address: Street……..............…Plot No….................…Block No…...............…. Building No…….................................................................................... (k) Postal Address: ................................................................................... (l) Telephone Number: ............................................................................. (m) Facsimile: .............................................Cell phone: ........................... (n) E-mail: ................................................... 65 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) - 6 Verify source ↗
Section 6
AI-assisted research summary: This section lists current licence details fields: licence number, date issued, and expiry date.
6. Current Licence details Licence No. ……......................................................................................... Date Issued……......................................................................................... Expiry Date……......................................................................................... - 7 Verify source ↗
Section 7
AI-assisted research summary: The form asks whether the licensee has had any material changes since the previous application and, if so, to provide details.
7. Has the licensee undergone any material changes (structural, legal, managerial or related to the services supplied) since its previous application? Yes – If yes, provide details............................................................................ …….........................................................................................……................. ......................................................................................................................... (Use additional Sheet if Necessary) No - 8 Verify source ↗
Section 8
AI-assisted research summary: This section asks for the fee amount and how it was paid.
8. Fee amount and method of payment: (a) Amount: TZS………………..….................…….….................... (b) Mode: Cash Cheque Other (specify)................... (c) Fees Payment Receipt No. (Attach Copy)........................... PART III – DECLARATION BY THE APPLICANT
Part
PART II- ESSENTIAL DOCUMENTS TO BE ATTACHED/SUBMITTED
- 5 Verify source ↗
Section 5
AI-assisted research summary: An applicant must attach or submit the listed documents, where appropriate, so the application is complete.
5. The applicant shall be required where appropriate, to attach/submit the following documents for the application to be complete: (a) Certified copy of: Certificates of Business Registrations which may include: (i) Business name registration certificate; or (ii) Certificate of Incorporation and Memorandum of Association and Article of Association or (iii) In case of a sole proprietor, a copy of National Identity Card or Passport or voter’s registration card (b) Certified copy of National Identity Card or Passport or voter’s registration card of the Company Directors or a person applying for a construction; (c) TIN and VAT certificates 42 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) (d) Joint Venture (JV) contract (if applicable) (e) Certified copy of Certificate of Occupancy (Title Deed) or any authorization from relevant land authority that approves the plot for development of petroleum facility (Not applicable for entity applying to construct a consumer installation); (f) Certified copy of proof of ownership of land on which the consumer installation to be constructed (Applicable for consumer only); (g) Lease agreement in case the applicant is not the owner of the land on which a regulated facility to be constructed; (h) Certified copy of a building permit; (i) Certified copy of an Environmental Impact Assessment Certificate or environmental clearance documents issued by relevant Authority ; (j) An engineering layout plan which shows the regulated facility to be constructed meets the approved specifications. The layout plan should be duly signed by a registered engineer; (k) List of approved specifications to be applied in the construction of the regulated facility; (l) A project or business plan describing the scope of the proposed business activity (Not applicable for entity applying to construct a consumer installation); (m) In case of the consumer installation facility, a consumer shall submit the following: (i) Details of the applicants operations and the expected petroleum product requirements per month; and (ii) The proof that, due to the nature of operations or equipment its facilities cannot easily access petroleum retail outlet. (n) Proof of payment of an EWURA application fee PART III – DECLARATION BY THE APPLICANT
Part
PART III – DECLARATION BY THE APPLICANT
- 6 Verify source ↗
Section 6
AI-assisted research summary: The applicant’s representative must declare they are authorized to apply, confirm the information is correct to the best of their knowledge, and provide extra information EWURA may request after notice.
6. (insert name) being…….............................… I…...................….. (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. 43 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) LICENCES APPLICATION FORMS (Made under rule 16(1)) FORM NO. 2A PETROLEUM PRODUCT RETAIL BUSINESS LICENCE For EWURA Use Only Date Received: File Number: - 2 Verify source ↗
Section 2
AI-assisted research summary: This section is an application form asking the applicant to give its name, registration status, and applicable identification or registration numbers, and to attach copies of the relevant documents.
2. PART I: DETAILS OF THE APPLICANT Name of Applicant (Insert trading name) Registration Status: (Fill Where Appropriate) (a) Certificate of Incorporation No……...................................…… (b) Memorandum and Articles of Association (where applicable) (c) Business license No.……………...........................…………… (d) TIN No. ...................................................................................... (e) VAT No.………………………...........................……………. ( (attach copies of the documents applicable to you) - 9 Verify source ↗
Section 9
AI-assisted research summary: The person completing the form declares that they are authorized to apply for the applicant and that the information provided is correct.
9. I…...................….. (insert name) being…….............................… (insert title/position) hereby declare that I am authorized to make this application on behalf of the applicant (insert the name of the applicant.............). I further declare that to the best of my knowledge the information supplied herein are correct. PETROLEUM PRODUCTS WHOLESALE BUSINESS LICENCE FORM NO. 2B For EWURA Use Only 46 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) Date Received: File Number: PART I: DETAILS OF THE APPLICANT - 9 Verify source ↗
Section 9
AI-assisted research summary: The applicant’s representative must declare that they are authorized to make the application and that the information provided is correct to the best of their knowledge.
9. I…...................….. (insert name) being…….............................… (insert title/position) hereby declare that I am authorized to make this application on behalf of the the applicant.............). I further declare that to the best of my knowledge the information supplied herein are correct. the name of (insert FORM NO. 2D For EWURA Use Only CONSUMER INSTALLATION FACILITY LICENCE 53 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) Date Received: File Number: PART I: DETAILS OF THE APPLICANT - 10 Verify source ↗
Section 10
AI-assisted research summary: A person making the application must declare that they are authorized to do so for the applicant and that the information provided is correct to the best of their knowledge.
10. I…...................….. (insert name) being…….............................… (insert title/position) hereby declare that I am authorized to make this application on behalf of the applicant (insert the name of the applicant.............). I further declare that to the best of my knowledge the information supplied herein are correct. FORM NO. 3 CORPORATE INTEGRITY PLEDGE (Made under rule 16(2) - 1 Verify source ↗
We ……………………………………. do believe that, unethical business
AI-assisted research summary: The text says unethical business practices and corruption are major obstacles to sustainable economic growth and public trust in government institutions in Tanzania.
1. We ……………………………………. do believe that, unethical business practices and corruption have been one of the biggest impediments to sustainable economic growth and prosperity in Tanzania and have been eroding public confidence in the Government and its institutions ability to serve its citizen fairly; - 2 Verify source ↗
As a company involved in petroleum activities in Tanzania, we acknowledge our
AI-assisted research summary: A petroleum company in Tanzania says it should uphold good governance and conduct business with transparency, ethics, and integrity.
2. As a company involved in petroleum activities in Tanzania, we acknowledge our responsibility to ensure good governance because it is necessary for continued growth and business sustainability. We also acknowledge the importance of 56 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) conducting our business with the highest standards of transparency, ethics and integrity; - 3 Verify source ↗
While the Government and the Prevention and Combating of Corruption Bureau
AI-assisted research summary: The provision says government and PCCB initiatives against corruption need commitment from the business community to be effective.
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, communicate its anti-corruption stance, train staff and partners, keep transparent records, use integrity pacts in procurement, provide confidential reporting channels, avoid unethical business relationships, avoid harmful national-security arrangements, and maintain insurance cover.
4. In view of the foregoing, we pledge the following: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) not, through any of our employees, representatives or agents, to involve in any form of bribery, corruption whether direct or indirect or unethical behavior in whatever form; to clearly communicate with all employees and business partners about stance on fighting all forms of bribe, corruption and other unethical behavior in whatever form; to maintain and share with our employees the code of conduct which will be a guide in executing our daily business operations in order to comply with high ethical standards of conduct and anti-corruption laws; to conduct regular training on anti-bribery and anti-corruption to our employees and business partners 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 57 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) (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 ↗
To ensure collective action in preventing any unethical and corrupt behavior and
AI-assisted research summary: The speakers commit to support and participate in a nationwide integrity initiative, share best practices, help create control measures, support an audit and certification program, and institutionalize the process.
5. To ensure collective action in preventing any unethical and corrupt behavior and the highest standards of ethics, integrity and transparent in business transactions in Tanzania, we commit to: (a) (b) (c) (d) (e) support a nationwide initiative intended to create fair market conditions, in business transactions, and ensure good corporate transparency governance; participate in roundtable discussions, meetings, and forum to identify the key concerns and current problems affecting the private sectors related to integrity and transparency in business transactions; share the international best practices, tools and concepts which are intended to be used by all participating entities to achieve the goals of the nationwide integrity behavior initiative; participate in the creation of key measures and control activities intended to ensure transparency, integrity and ethical business practice; support the development of an audit and certification program (including a training program for advisers and auditors) that will offer a toolbox for enterprises to introduce and implement ethical practices in their business processes; and institutionalize the whole process to promote sustainability of the integrity initiative. - 6 Verify source ↗
To confirm our commitment to this pledge, we hereby commit ourselves as a
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 ↗
To fight any form of corruption practices whereby zero tolerance action will be
AI-assisted research summary: The provision says there is zero tolerance for corruption in the business and action will be taken against employees, staff, or other people involved.
7. To fight any form of corruption practices whereby zero tolerance action will be taken against any employee, staff or other person involved in corruption in relation to the business, regardless of position and status; - 8 Verify source ↗
To report any corrupt or unethical practices that occur in the business place to
AI-assisted research summary: Report corrupt or unethical practices in the business place to the appropriate Authority.
8. To report any corrupt or unethical practices that occur in the business place to the appropriate Authority; - 9 Verify source ↗
We shall also ensure that our employees and agents comply with this pledge and
AI-assisted research summary: The signer must ensure employees and agents comply with the pledge and remains responsible if they do not.
9. We shall also ensure that our employees and agents comply with this pledge and in any event of non-compliance we commit ourselves to be responsible for their action. Signed by ……………………….....................................……………… for and on behalf of ……………………………………........................……………. this ……....................… day 58 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) of ………………..........……..……….. [20…] Signature ……………..……………..….………. Designation:……………………...…..…………. Witness Name:…………………..……………….……… Signature:……………………..……..…….…… Designation:……………………………….…… FORM NO. 4 TRANSFER OF A LICENCE FORM (Made under rule 20 (2)) APPLICATION TO TRANSFER A LICENCE This section to be completed by the Current Licensee Current Licensee to complete as appropriate Current Licensee’s name 59 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) This section to be completed by the Current Licensee Name and address of the Transferor Reason (attach proof) for Transfer documentary 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: and Name physical Address of the Transferee: Business Organisation (Sole proprietor, Company, Partnership) Date: Position: 60 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) This section to be completed by the Current Licensee Principal Officer (only if the transferee is a company or partnership) Names Partners Shareholders of or 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 applies to transfer the current licence and declares 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, avoid changing approved premises arrangements without written approval, and keep using the premises for the same purpose unless EWURA approves otherwise.
2. In the event of a licence being transferred: (a) I agree to abide by the conditions laid down by EWURA and applicable laws, and not to alter in any way the approved arrangements of the premises without the written approval of EWURA, nor use the said premises for any other purpose than those prevailing at the time the licence is transferred; (b) the licence shall have the like effect in all respects as if no transfer had been made; and 61 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) (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 Fee TZS Notes Tel No. ....... Payable to: through Control Number. EWURA - 1 Verify source ↗
The applicant(s),
AI-assisted research summary: Applicants who are individual persons or partnerships must be over 18 years old.
1. The applicant(s), individual person or partnership) must be over 18 years of age. (if an 62 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) - 2 Verify source ↗
By signing the form both the transferee
AI-assisted research summary: By signing the form, the transferee and transferor declare they are authorized to make the application and that the information supplied is correct.
2. By signing the form both the transferee and transferor declare that they are authorized to make this application and that there the herein is correct. information supplied - 3 Verify source ↗
This application
AI-assisted research summary: The application should be sent to the Director General together with the appropriate fee.
3. This application the appropriate fee, should be forwarded to the Director General. together with 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: The provision refers to the original copy of a valid EWURA licence for the licensed facility.
1. The original copy of a valid EWURA licence in respect of the licensed facility; - 2 Verify source ↗
Certified copy of tax clearance of the transferor in respect of the licensed
AI-assisted research summary: A certified copy of the transferor’s tax clearance for the licensed facility is referenced here.
2. Certified copy of tax clearance of the transferor in respect of the licensed facility; - 3 Verify source ↗
Lease/sale agreement endorsed by Tanzania Revenue Authority
AI-assisted research summary: This section concerns a lease/sale agreement endorsed by the Tanzania Revenue Authority.
3. Lease/sale agreement endorsed by Tanzania Revenue Authority; - 4 Verify source ↗
Company registration documents of the transferee (if any)
AI-assisted research summary: This section is about company registration documents of the transferee, if any.
4. Company registration documents of the transferee (if any); - 5 Verify source ↗
Proof of payment of transfer application fee as shall be prescribed by the
AI-assisted research summary: Proof of payment for the transfer application fee is required, as prescribed by the Authority.
5. Proof of payment of transfer application fee as shall be prescribed by the Authority; - 6 Verify source ↗
A signed integrity pledge prescribed in Form No. 3 set out in the First
AI-assisted research summary: This provision refers to a signed integrity pledge in Form No. 3 of the First Schedule.
6. A signed integrity pledge prescribed in Form No. 3 set out in the First Schedule; and - 9 Verify source ↗
Section 9
AI-assisted research summary: This provision is a notification-of-offence form and includes a declaration that the signer is authorized to make the application and that the information provided is correct.
9. I…...................….. (insert name) being…….............................… (insert title/position) hereby declare that I am authorized to make this application on behalf of the (insert the name of the applicant.............). I further declare that to the best of my knowledge the information supplied herein are correct. 66 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) FORM NO. 6 NOTIFICATION OF OFFENCE (Made under rule 53(1)) (PETROLEUM OPERATION/PETROLEUM CONSUMER INSTALLATION OPERATIONS) BUSINESS/PETROLEUM WHOLESALE RETAIL To............................................................................... Address...................................................................... - 10 Verify source ↗
You are charged with the following offence (s)
AI-assisted research summary: This section says a person is charged with the following offences, but the listed items are not shown in the text provided.
10. You are charged with the following offence (s): (a) (b) (c) (d) (e) ................................................................................................................... .... ................................................................................................................... .... ................................................................................................................... .... ................................................................................................................... .... ................................................................................................................... .... - 11 Verify source ↗
If you WISH to admit commission of the offence (s) you should complete
AI-assisted research summary: If you want to admit the offence, you must complete Part B and send the notification and the statutory penalty for each admitted offence to the Authority within 14 days of service.
11. 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. - 12 Verify source ↗
If you DO NOT WISH to admit to have committed the offence (s) you are
AI-assisted research summary: If you do not want to admit the offence, you must complete Part A and send the notification to the Director General of the Authority.
12. 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. - 13 Verify source ↗
Penalty for each offence mentioned above shall be as provided for under the
AI-assisted research summary: Penalties for offences are to be handled under the cited petroleum and utilities laws.
13. Penalty for each offence mentioned above shall be as provided for under the Petroleum Act, Cap. 392, the The Energy and Water Utilities Regulatory 67 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) Authority 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 residential or of ............................................................ address) business of.................................. being the (owner/director/manager/representative) ............................................................. intend to respond to the Authority/ Court of law on the charge (s) Nos...........................................................................set out Notification. Signature: ............................................... Date: ....................................................... in Paragraph 1 of this PART “B”- ADMISSION OF OFFENCE I ....................................................... of ............................................................... residential or business address) of.................................. being the (owner/director/manager/representative) ................................................................................................ admit to the charge (s) Nos............................................................................set out Notification and in Paragraph 1 of this I undertake to pay the requisite fine of TZS................................................. within a period of fourteen days from the date hereof. Signature: ............................................... Date: .................................................... FACILITY/VEHICLE/VESSEL DETAILS ISSUED BY Motor Vehicle Reg. No............................... ................................... PWL/PRL/PCIL No. ..................................... .......................... 68 Name: Designation: Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) Vessel Registration No. ............................. ..................................... Signature of the person issued with the notification Date: Signature of the Inspector ........................................................ ........................................................... 69 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) _________________ SECOND SCHEDULE _________________ (Made under Rule 25(2) (b) (ii)) SUPPLY AGREEMENT PETROLEUM PRODUCTS SUPPLY AGREEMENT BETWEEN (WHOLESALER) AND (RETAILER) 70 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) PETROLEUM PRODUCTS SUPPLY AGREEMENT This Petroleum Products …………….20……. BETWEEN supply agreement is made this ……… day of (NAME OF THE WHOLESALER) of P. O. Box …………………with Petroleum Wholesale at office PWL-2020- with ……………………………………….. (herein after called the “Supplier” of one part Licence No: registered its AND (NAME OF A RETAILER) of P. O. Box …………………………..licensed to conduct Petroleum Products Retail business as outlined in this agreement (herein after called the “Purchaser” of the other part. WHEREAS (a) the supplier is a licensed person to conduct petroleum product wholesale business in Mainland Tanzania; (b) the purchaser is a licensed person to carry out petroleum retail business at retail outlet named (i) (Name of the retail outlet as outline in the licence) with licence No: PRL-2020-…. Located at …………………………………..; and (ii) (Name of the retail outlet as outline in the licence) with licence No: PRL-2020-…. Located at …………………………………..; (c) the supplier is willing to supply petroleum products to a purchaser and a purchaser is willing to procure petroleum products from the supplier under the terms and conditions prescribed hereunder. NOW THEREFORE it is hereby by agreed as follows; - 1 Verify source ↗
Nature of the Contract and Consideration
AI-assisted research summary: The supplier must sell petroleum products to the purchaser, with the monthly quantity subject to change on 60 days’ notice.
1. Nature of the Contract and Consideration The supplier covenants and agree to sell petroleum products (Petrol, Diesel and Kerosene) to the purchaser at a quantity per month as indicated below: 71 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) Petroleum Products Quantity in litres Petrol Diesel Kerosene Provide that the quantity may vary upon giving sixty (60) days notice depending on the market demand of the purchaser. - 2 Verify source ↗
Duration of contract
AI-assisted research summary: The agreement stays in force for the stated number of years and can be renewed if the parties agree.
2. Duration of contract: This agreement shall remain in force for a period of ……………. years commencing from this ……. day of ……………. 20…… to ……… day of ………. 20…… and may be renewed by mutual agreement of the parties. - 3 Verify source ↗
1 This contract shall, unless renewed terminate at the end of the period of contract
AI-assisted research summary: The contract ends when the contract period stated in clause 2 ends, unless it is renewed.
3.1 This contract shall, unless renewed terminate at the end of the period of contract stipulated under clause 2 herein above. - 3 Verify source ↗
2 This contract may also be terminated at any time by either part upon giving the
AI-assisted research summary: Either party may terminate the contract at any time by giving the other party two months’ written notice.
3.2 This contract may also be terminated at any time by either part upon giving the other party two months’ notice in writing. - 3 Verify source ↗
3 Upon termination of the contract, parties shall take necessary steps to perform
AI-assisted research summary: When the contract ends, the parties must take necessary steps to carry out any contractual obligation entered before termination.
3.3 Upon termination of the contract, parties shall take necessary steps to perform any contractual obligation entered before the termination. - 3 Verify source ↗
4 Notwithstanding what is provided in clause 3.1 and 3.2 both parties reserve the
AI-assisted research summary: Both parties may renew the contract if they agree on the terms and give the other party at least two months’ prior written notice before expiry.
3.4 Notwithstanding what is provided in clause 3.1 and 3.2 both parties reserve the right to renew this contract in such terms and conditions as parties may agree and upon issuing a prior written notice to the other party signifying intention to do so at least two months before the expiry of the contract. - 4 Verify source ↗
Amendment of the contract
AI-assisted research summary: The agreement may be amended in writing if the parties mutually agree.
4. Amendment of the contract This agreement may be amended in writing by mutual agreement between the parties. - 5 Verify source ↗
Obligation of the Supplier
AI-assisted research summary: The supplier must sell the agreed petroleum products to the purchaser, meet quality specifications, issue invoices and a delivery note, and keep the sale price at or below EWURA’s wholesale cap price.
5. Obligation of the Supplier The supplier hereby covenants to the purchaser as follows: (a) Shall, at all-times and as agreed in this contract, sell the agreed quantity of petroleum products to the purchaser without excuse; 72 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) (b) Shall sell petroleum products that meets quality specification to the purchaser; (c) Shall when selling petroleum products to the purchaser issue invoices and delivery note showing the name and licence number of the retail outlet; and (d) Shall sell petroleum products to a purchaser at a price not above the wholesale cap price published by EWURA. - 6 Verify source ↗
Obligation of the Purchaser
AI-assisted research summary: The Purchaser must keep buying the agreed quantity of petroleum products from the supplier and must not buy them above approved EWURA prices.
6. Obligation of the Purchaser The Purchaser hereby covenants to the Supplier as follows (a) Shall at all times and as agreed herein, procure the agreed quantity of petroleum products from the supplier without excuse; and (b) Shall buy petroleum products at not above approved EWURA prices. - 7 Verify source ↗
1 The purchaser shall place an order that describes the name of the purchasing
AI-assisted research summary: The purchaser must place an order that states the purchasing retail outlet’s name, licence number, product type, and quantity to be purchased.
7.1 The purchaser shall place an order that describes the name of the purchasing retail outlet, licence number, type of the product and the quantity to be purchased; and - 7 Verify source ↗
2 The placed order shall be submitted in writing to the contact person of the
AI-assisted research summary: The placed order must be submitted in writing to the supplier’s contact person.
7.2 The placed order shall be submitted in writing to the contact person of the supplier whom shall be appointed at the time of signing this agreement. - 8 Verify source ↗
1 That upon any default by the supplier; the supplier shall be liable to pay a
AI-assisted research summary: If the supplier defaults, it must pay the purchaser a penalty tied to the gross margin of retailers for the petroleum products not supplied.
8.1 That upon any default by the supplier; the supplier shall be liable to pay a penalty to the purchaser equal to the gross margin of retailers as provided in the EWURA (Petroleum Products Price Setting) Rules for the quantity of petroleum products that was not supplied as per clause 1 of this contract. - 8 Verify source ↗
2 That upon any default by the purchaser; the purchaser shall be liable to pay a
AI-assisted research summary: If the purchaser defaults, the purchaser must pay a penalty to the supplier.
8.2 That upon any default by the purchaser; the purchaser shall be liable to pay a penalty to the supplier equal to the gross margin of wholesalers as provided in the EWURA (Petroleum Products Price Setting) Rules for the quantity of petroleum products that was not procured as per clause 1 of this contract. - 9 Verify source ↗
Notices
AI-assisted research summary: Notices under the contract must be in writing and are treated as properly served if sent by email, hand delivery, or registered mail to either party’s stated address or another address later notified in writing.
9. Notices 73 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) Any notice to be given under this contract shall be in writing and shall be deemed to have been properly served if sent by email, hand-delivered or sent by registered mail to either party at the address set out below or such other address as that party may specify in writing to the other: The Supplier: Chief Executive Officer, [Insert Name of the Company,] [Insert physical and postal address,] Telephone: [Insert landline number] Email: [Insert email address] The Purchaser: Chief Executive Officer, [Insert Name of the Company,] [Insert physical and postal address,] Telephone: [Insert landline number] Email: [Insert email address] - 10 Verify source ↗
Dispute Settlement
AI-assisted research summary: Disputes must first be settled amicably; if that fails, the matter goes to EWURA, while parties may still seek legal remedies in Tanzanian courts.
10. Dispute Settlement: Any dispute arising from or in connection with this contract shall be settled amicably between the Parties, failing which the matter will be referred to EWURA for determination and the laws of Tanzania shall apply. Provided that nothing in this contract shall prevent the parties from seeking legal remedies in the Courts of Law of Tanzania. IN WITNESS THEREOF the parties hereto have hereunder subscribed their respective hands on the day and in the manner appearing hereunder. SIGNED and DELIVERED at DAR ES SALAAM on behalf of (Supplier) by …………………………… who is known to me personally/ introduced …………………….. to me by………………….. the latter being Supplier known to me personally this …day of………… 20…. BEFORE ME: Name ………………………………… Signature ……………………………. Address …………………………….. 74 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) Qualification ……………………….. SIGNED and DELIVERED at DAR ES SALAAM on behalf of (Purchaser) ……………………… who is known to me personally/ introduced …………………….. to me by………………….. the latter being Purchaser known to me personally this …day of…… 20…. BEFORE ME: Name ………………………………… Signature …………………………….. Address ……………………………… Qualification ………………………… Dodoma, ……………., 2022 GODFREY HEZEKIAH CHIBULUNJE, Director General Energy and Water Utilities Regulatory Authority 75
Part
PART IV – DECLARATION BY THE APPLICANT
- 9 Verify source ↗
Section 9
AI-assisted research summary: The signer declares they are authorized to make the application for the applicant and that the information provided is correct to the best of their knowledge.
9. I…...................….. (insert name) being…….............................… (insert title/position) hereby declare that I am authorized to make this application on behalf of the the applicant.............). I further declare that to the best of my knowledge the information supplied herein are correct. the name of (insert 50 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) PETROLEUM PRODUCTS STORAGE BUSINESS LICENCE FORM NO. 2C For EWURA Use Only Date Received: File Number: PART I: DETAILS OF THE APPLICANT
Part
Schedule; and
- 7 Verify source ↗
Any other document that will be required at the time of transfer
AI-assisted research summary: Any other document required at the time of transfer must be provided.
7. Any other document that will be required at the time of transfer. - 8 Verify source ↗
Where transfer is initiated by law or Court order, the transferee shall submit
AI-assisted research summary: If a transfer is initiated by law or a court order, the transferee must submit documents showing entitlement to the rights to the facility.
8. Where transfer is initiated by law or Court order, the transferee shall submit documents of entitlement of the rights to the facility 63 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.) RENEWAL OF A LICENCE FORM NO. 5 (Made under rule 23 (2)) PETROLEUM CONSUMER INSTALLATION, WHOLESALE, STORAGE AND RETAIL For EWURA Use Only Date Received: Time Received: BUSINESS File Number: Received by: - 2 Verify source ↗
Section 2
AI-assisted research summary: The applicant must fill in the applicant details and provide registration and tax/business identifiers, with copies of relevant certificates and approvals attached.
2. PART I: DETAILS OF THE APPLICANT Name of Applicant (Insert trading name) Registration Status: (Fill Where Appropriate) (a) Certificate of Incorporation No……..............................................…… (b) Certificate of Compliance No……..............................................…….. (c) Business license No.……………...........................…........…………. (d) TIN No. ..................................................................................... (e) VAT No.………………………........................………...……. (attach copies of necessary certificates, approvals) 64 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) GN. NO.150 (Contd.)
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The Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) Rules, 2022
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