" 12. 13. 14, 15 16, TH ZA NZIBAR UTILITIES REGULATORY AUTHORITY ACT NO, 7 OF 2013 HE per ROLEUM (LIQUEFIED PETROLEUM GAS) She til Ap) licat fnte pret APPL Ap} lica Ap) licat Put icatil Gra tof Vali lity Not ce of Sus ensi Lice ased REGULATIONS, 2017 [Made under Section 48(1)] PART ONE, PRELIMINARY PROVISIONS, ¢ and commencement, ion, tion, PART TWO CATION FOR A CONSTRUCTION APPROVAL ion for construction approval. jon to be accompanied by a fee, mn of construction approval construction approval ind duration of a construction approval. ‘commer cement. »n and revocation of a construction approval PART THREE LICENSING PROCEDURES. ‘Activity. Min mum licensing requirements Lice ase L Gra tof, Vali ity Lies 1se applic pplicaticn. ion to be accompanied by a fee. license. nd duration of a license.17. 18 19, 20. 21 29. 30. 31 32. 33. 34, 35, 36, 37. 38. 39, 40. 41 Cha ige of name. Cha ge of sharcholding Structure. App icatipn for retiewal of a license, Sus ensign or revocation of a license. Apr =f for transfer of a license. PART FOUR GENERAL OBLIGATIONS OF LPG LICENSEE Gen ral dbligations of a Licensee. Prot ction of lives and property. Corr senshtion for loss suffered, Tnsu ane, » Mait tenance of records, provision and disclosure of information, Con; dentjal Information, Pens ty. PART FIVE ENVIRONMENTAL PROTECTION Com sliante with environmental laws and standards. PART SIX TECHNICAL OBLIGATIONS OF A LICENSEE LPG »peration. Prov sion bf technical Support Rest ction on sale of LPG offence, Prohi sition on the use of cylinders and seals, Prohi sition to decant Probi ition on under filing The t 3¢ offcalibrated weighing scales. Refer ncelof violation to the certification authority. Mark ng of cylinders. Unlo: feet LPG. Cylin ler sealing, | | Com na with specifications and standards.42, 43. 44. 45. 46. 41. 48. 49, 50, SI 52, oar 54, 55. Dee iptiv Prey ara Insp -etio} Prot bite Dec mmj Site esto trade practices, Stor ige of LPG. Prov ision for fire Extinguishing equipment. mn of fire emergeney plan. ofa licensed facility. acts agcinst inspectors. issioning Procedure, ation, PART SEVEN . FE ENALTIES AND REMEDIAL MEASURES Peni ties App al. Pow rto Tran itio Genc -al pi The. .uth ind remedial measures, PART EIGHT GENERAL PROVISIONS ter and close the facility 1 provisions. nalty. rity to supplement procedures. iiiLEGAL NOTICE NO. 135 Short tide ana Applicaton Interpretation, "HE ZANZIBAR UTILITIES REGULATORY AUTHORITY. 48 1) o SALAl En iron 1.7 Pet ole bei ig si 27 gas (LP Zan zits $.In ACT NO. 7 OF 2013 ; Se aes Sees THE PETROLEUM (LIQUEFIED PETROLEUM GAS) REGULATIONS, 2017 [Made under Section 48(1)] 'ISE of the powers conferred upon me under sections the Zanzibar Utilities Regulatory Authority No.7 of 2013, I, A ABOUD TALIB, Minister for Lands, Water, Energy and rent do hereby make the following Regulations: PART ONE PRELIMINARY PROVISIONS ese Regulations may be cited as the Petroleum (Liquefied m Gas) Regulations, 2017 and shall come into operation after ned by the Minister and published in the official Gazette jese Regulations shall apply to regulate liquefied petroleum ) imporiation, wholesale, distribution and retail business in these Regulations, unless the context otherwise requires: “Authority” means the Zanzibar Utilities Regulatory Authority established under the provisions of the Act; “Act” means the Zanzibar Utilities Regulatory Authority Act | No.7 of 2013; ‘ahnual fee” means a fee payable annually by a licensee as shall be prescribed by the Authority from time to time;‘appl :ablé law” means any principal law, treaty, proclamation, re qulation, rule, order or a by-law that has a legal binding fc ‘ce ih matters pertaining to regulation of LPG in Zanzibar specification or Standard in re ation (0 a petroleum product applied by the authority and as appfoved pursuant to the Zanzibar Bureau of Standards (2 3S) and any cther standards that are widely used for good px roletim indusizy practices; w ha Wholesaler or super dealer to be supplied with LPG in bu k quantity; “bulk (uanity” means content of LPG of not less than 250 kg in a: ngld container: “comp enf court” means any cour that has jurisdiction to en ertaih the matter “cylin er” means any portable or Stationary pressure container, to, ethef with all of its permanent supports and attachments in: alled for the storage and handling of LPG: “dang :rous situation” means a situation involving a petroleum pr dueitthat:~ a) endangers the safety or health of a person, or the b)_ (createsanimmediateriskofsignificantenyironmental arm; “decar * mdans transfer of LPG from one eylinder to another; “fire se ty gentficate” means safety certificate issued by the Fire Br zadeland Rescue Department; “Good Petfoleum Ipdusry Practices” means any conduct rel ted fo a petroleum product intended to preserve product qui lity ind mecting generally accepted health, safety and em ironmental requirements;jazardous waste” means any petroleum product that by reason | of any of its physical, chemical, reactive, toxic, flammable, explosive or corrosive characteristics causes danger or is likely to cause danger to health or environment, whether alone or when in contact with other wastes or substane iport of LPG” means the delivery of LPG in bulk quantity or cylinders into Zanzibar: ncident” means: (@) an event that involves the leakage of a petroleum product from a transport unit or a spill of petroleum product resulting from the dispensing or offloading activities; (b) death or personal injury occurring as a result of the conduct of a licensed or permitted activity; (©) a fire or an event incidental to a fire resulting from the conduct of a licensed or permitted activity; or (a) any other significant event that may adversely affect the conduct of a licensed or permitted activity. Spector” means an officer of the Authority or an agent of the Authority appointed by the Authority to perform the functions of inspection as requited under the Act and applicable law: “Igak” means the Structure or thing: warge of LPG into the air, or into any “license” nieans a legal document authentically issued by the Authority to conduct a licensed activity pursuant to these Regulations and permit to be construed accordingly: “licensee” means a holder of the license; “ivensed activity” means an activity related to the fulfillment of the license obligations related to the LPG business;“licen ed f ard pi usd to “licen © feE” pr seril “Ligu fied br ane’ of Star co) (b) “LPG wh se ling “oper: tor” dey act lo ate th ow cility” includes the buildings, eylinders, storage tanks ‘king areas, associated equipment and accessories conduct a licensed activity; means a fee payable by a licensee as shall be ed by the Authority; Petroleum Gas (LPG)" means commercial propane, yr mixture thereof as specified by Zanzibar Bureau lands: “LPG distribution business” means Storing, handling, filling and selling of LPG by a super dealer to a relailer; or re-filling of LPG by a super dealer through the use of a refilling facility. lesale business” means an activity necessary for LPG in bulk quantity toa super dealer: jeans a person who is responsible for the day-to- vities ofa licensed facility, whether such person is on the relevant premises during business hours or is er of such facility and who for the purpose of these R gulations, shell be deemed to have the authority and the at lity (a) () (c) (d) "perm tted| fa ilit ot ier ‘grant an inspector access to relevant premises and facilities to facilitate the performance of their duties; detect any defect weakness within a licensed facility and make an authoritative judgment as to its suitability for further use; answer questions raised by the inspectors; and witness the inspections process, facility" means a Slorage space other than a licensed authorized by Authority for the Storage of LPG for poses cther than selling 4“tefilling center” means a facility operated by a wholesaler or a super dealer and duly authorized by the Authority to refill and, or decant LPG eylinders or into LPG bulk: trucks; “Fetail business” means a form of distribution of LPG by which. the LPG is customarily sold to consumers other than for the purpose of resale: tail outlet” means any place where LPG is sold by retailer; “Super dealer” means a person who either handles at a time not” less than three thousand kilograms (3000kg) of LPG or has a re-filling center and has a dealership agreement with a wholesaler and shall have the rights and obligations to: (a) store, handle and sell LPG to a retailer or bulk customer; or (b)_ refill LPG to a customer through a refilling center; “Wholesaler” means a person that imports, stores, handles, fills, decants and sells LPG directly to a bulk customer or a super dealer. | PART TWO APPLICATION FOR A CONSTRUCTION APPROVAL entation 4.-(1) A person shall not construct a licensed or permitted facility Gin Wi hout seeking and obtaining a construction approval from the smal Ay thority ina manner provided herein, (2) A person who wishes to construct a licensed facility shall Jo ge ah application to the Authority by filling in the application form wi h the following information: (a) theapplicant’s name and business address, telephone and fax number; (b) the location and complete address of the proposed licensed facility;(©) | proof of land ownership and right of use; (@) | a project or business plan describing the scope of the licensed activity (e) | a list of facil ies to be constructed; () | an environmental impact assessment certificate from relevant authorities; | (g) | a risk assessment report of the construction and the project; (h) jan architectural, structural and technical drawings signed by registered architect and engineer which shall specify: the rumber of Storage tanks and dispensing pumps; ff) the Iycation and distances between building Structures, facilities and equipment; (ii) entry and exit; (iv) perimeter wall and property boundaries: )) any other information as shall be required by the Authority, 5.Anap tare fora construction approval in regulation shall be Apeasn accompanie ‘by 4 non-refundable application fee as shall be prescribed ‘2 Sapanica by the Auth: rity from time to time. by ate. 6.-(1) A \ application for construction approval received by the Publication Authority sl all be evaluated to verify its completeness and legality of °F oon information -ontdined therein and thereafter a notice of the application srprl shall be pul lished in at least two newspapers of wide circulation in Zanzibar wh a View to soliciting comments and objections on the application.Grant of approval. alii and uration ofa constuction approval (2) The cos of publication of the notice under sub-regulation (1) shall be incurred by Authority. | (3) The public shall be invited to submit their comments and ob 2ctions within twenty one (21) days from the date of publication of the notice. ® ‘The coraments and objections referred to under sub-regulation (3) shall be cons.dered by the Authority in arriving at the decision on the application | 7-(1) The Aathority shall, upon receipt of an application under ulation 4, proved fo evaluate such application and decide whether to grant or deny the application. 2) The Authority shall, while making a decision whether to ar nt off deny a construction approval, consider the following: (a) Applicant's compliance with regulation 4(2); (b) applicant’s compliance with land ownership and land use laws; and | (©) applicant’s compliance to health, safety and | environmental requirements. (3) Ifthe Authority is satisfied with the application lodged by the ag plicaht, it shall issue a construction approval within sixty (60) days frv m the date of applicatio (4) The Authority shall, in the event that it denies an application fo a construction approval, inform the applicant of such decision in w iting| together with the reasons thereof within sixty (60) days from th date of application, 8. Aconstruction approval granted by the Authority under regulation 7 hall remain in force for such a period as the Authority may allow pt vided that in the event the holder of the construction approval fails to commence construction within twelve months from the date of is uange of such construction approval, shall cease to have effect. a9. A hol: er of a construction approval shall issue a notice to the Authority 0: the commencement of construction not less than thirty days prior tc the Start of construction, 10-(1) “he Authority may, by notice in writing, withdraw or suspend a ¢ nstrhction approval if any of the terms and conditions thereof has 1 ot -n complied with. Notice of Suspension and ofa ‘onstruction (2) here|the Authority intends to withdraw, suspend or amend #rreval a constructi n approval, it shall, at least twenty-one days before the date of inte ided| revocation, suspension or amendment, notify the holder of sw: h approval about the intention and the reasons thereof. @) Por ithstanding the provisions of sub-regulation (1) and (2), the Aut ority may, by notice in writing, withdraw or suspend a construction approval on the application or with the consent of the holder of su: h approval. (4) he Authority may, by notice in writing, reinstate a construction approval revoxed or suspended under sub-regulation (1) if satisfied thar the reasons for the revocation or suspension do no longer PART THREE LICENSING PROCEDURES. U-(1) 4 aqme shall, not conduct a licensed activity without seeking and »btai ing a license from the Authority. (2)T te Authority shall issue licenses in respect of the following, activities: (a () © G)AY ers three month ‘aft Authority fe a li LPG importation and wholesale business; LPG super dealer; and |LPG retail business. coming into force of these Regulations, apply to the sc conducts a licensed activity shall, not later than ense in respect of its licensed activity. 8 Licensed Activity4) A person who contravenes the provisions of sub-regulation (1) and (3), commits an offence and is liable to a fine as specified in the Schedule. Minimum 12.-(1) Each type of LPG license shall be issued subject to such Meee ter apc on™ which shall include ts bu not jimited submission of the following: (a) proof of Certificate of business registration; (b) proof of premises ownership or lease agreement; (©) LPG supply agreement with licensed importer, wholesaler or super dealer: and (d) Any other conditions as shall be prescribed by the Authority, (2) Without prejudice of the requirements in sub-regulation (1), af -xson shall no; be issued with an LPG wholesale license unless his ap lication meets the following technical and financial requirements: (a) possession of a storage depot and a filling plant | that complies with approved specification and Good Petroleum Industry Practices or hospitality agreement with another licensee; | (b)_ possession of adequate skilled personnel; and (©) proof of financial capability Lisins _ 13(1)An applicant for a license shall apply to the Authority for a lie nse by filling in the appropriate form prescribed by the Authority an shall lodge such application with the Authority, together with such oil er documents or records as may be required by the Authority or ap ticable law. (a) certified copies of its registration documents: | (b)_ dealership agreement;(©) | proof of possession of a Storage facility or hospitality jattangement, whichever is applicable; (d) | proof of possession of adequate qualified personnel; (¢) Jif an environmental assessment Study has been condueted, a certified copy of the certificate; (0), [a business plan describing the scope of a licensed Jactivity where appropriate: (g) | proof of financial capability: (h) |tax identification number certificate; i) [details in respect of land ownership or lease agreement and plant layout as applicable; and | G)_|a list of facilities and proof of availability of such facilities to support the proposed business. 14, An pplitation for a license under regulation 12 shall be License accompanie: by es refundable application fee as shall be prescribed *m!*stion tobe aceo- by the Auth¢ sity from time to time. paid by 15.-(1) T1¢ Authority shall, upon consideration of an application Grats for a license Hisense (a) |deny the application; (b) |refer back the application; or (©) grant the application and issue a license. (2) Th Authority shall, while making a decision to grant or deny a license, tal > into consideration: @) |the minimum licensing requirements in regulation 12; (b) |the applicant’s record of compliance with the Act, these Regulations and other applicable laws; 10Validity and Ahuation of alicense Applicaton for transfor of alicense ( (©) the compliance of a licensed facility on matters related to: @) safety; | Gi) health; Gii) security; (iv) handling of hazardous substances; and | (v) environmental protection; (a) any other matter relevant to the orderly conduct of LPG business in Zanzibar. }) The Authority shall, in the event that it denies or refers back an application for a license, inform the applicant of such decision in vwr ting together 31 tof lic nses iss tan jth the reasons thereof. it ‘The license issued under these Regulations shall expire on jecember of every year. |, (2) The validity of a license shall cease where the respective fails to conduct a licensed activity within six (6) months after of such license. 17.-(1) A license shall not be assigned or transferred to another pe son in he a the Aut rev wire an app! en rai ithout a written approval of the Authority. propriate form prescribed by the Authority, and lodge it with hority, together with other documents or records as may be by the Authority or applicable law. i A transferee or assignee of a license shall apply by filling (3) Notwithstanding the provisions of sub-regulation (1), lication for a transfer or assignment of a license shall not be ined by the Authority unless it is endorsed by the transfer or as: gnot, as the case may be. '4) A license transfer application received by the Authority sh; I be evaluated to verify its completeness and legality of information co tained therein. | u(5) Tk Authority shall, after the evaluation of the application make a deci ion Whether to grant or deny the application for transfer or assignme: t. 18.-(1) 4 lice)see may change its name pursuant to the provisions of these Reg tlatidns and applicable law (2) 4 licehsee whe has changed its name shall within thirty days after st 2h change notify the Authority in writing, which shall be accompanie: by & certificate for change in name issued by relevant authorities. | 19-(1) 4 oy change in shareholding structure of a licensee shall require a wr: ten approval of the Authority. (2) 4 licensee intending to change its shareholding structure shall before ipplying for the change in shareholding Structure to the Business ani Property Registration Agency apply for the approval to the Authority by submitting a letter to the Authority requesting for such approval. | (3) 4 licensee shall, after receiving approval for change of shareholding Srubture from the Business and Property Registration Agency, noti y the Authority of such change. 20,-(1) A licensee may, within three months before expiration of a license term. apply to the Authority for a renewal of a license. (2) 4 pplidation for a renewal of a license in sub-regulation 1) shall be vy filling in a2 application form to be prescribed by the Authority. (3) Tie Authority shall while making a decision whether to grant or det ¥ anl application for renewal of a license consider the applicant's ¢ mpliance to the conditions of the license which is due to expire. | (4)T e Authority shall, in the event that it denies an application fora license, fon the applicant of such decision in writing, including the reasons t ereaf. 12 Change of name, Change of sharhol- ding soca, Application Tor tenewal ofa licenseSuspension revocation of aliens General bligations ofa Tense, al 21. A license may be: (a) suspended by the Authority for a period of three months in case of any violation of the license conditions, the provisions of the Act, these Regulations or applicable law; or (b)_ revoked by the Authority ifa licensee fails to remedy or desist from an act or omission constituting any violation within the prescribed time. PART FOUR (GENERAL OBLIGATIONS OF LPG LICENSEE i 22. A licensee shall: | (a) comply with: (i) applicable law; Gi) orders and directives of the Authority; (ii) these Regulations; (iv) Good Petroleum Industry Practices; and (v) LPG Operational Guidelines; (b) not sell or offering for sale an empty cylinder and shall at all times be responsible for maintaining and servicing the said cylinder; (©) ensure that assessment is carried out at least once during the license term; (@) ensure that the testing and measuring instruments used for its licensed activity are accurate and calibrated by Government institution responsible for Weights and Measures; (©) inform the Authority as soon as practicable, but in any event not more than twenty-four hours after 13‘K) ie occurrence of a dangerous situation or incident related to its licensed activity, LPG retail business or locourring within its licensed facility, the steps taken lor proposed to be taken to remedy such situation or to eliminate or minimize the danger arising from such situation; ensure that a cylinder is disposed off safely and in compliance with applicable law; obtain and maintain a valid insurance cover in respect of all liabilities that may arise from the conduct of, ‘the licensed activity; |when the licensed facility is left unattended, ensure that: \(i) all electrical power to the dispensing equipment is switched off; and (Gi) the dispensers, all cylinders and related equipment are adequately secured to prevent unauthorized access and use; hupon request, make available to the Authority records lof the licensed activity: maintain and make available to the Authority upon rrequest documentary evidence that: all electrical equipment and installations in the | premises relevant for conduct of its licensed activity comply with existing relevant codes or legislation; and (ii) areas of the premises where flammable gases ot vapors may occur comply with existing | relevant codes or legislation; pprint the number of a license on every accounting document used for its operations with a bulk customer or a customer, including invoices, delivery notes, and receipts; 14oO (m) (n) (0) ©) @ © conduct business in such a way that bulk customers and customers are treated fairly and equally; not engage in any activities that disrupt or interfere with competition; as soon as practicable, but in any event not later than thirty days afier it becomes aware of the fact, notify the Authority: (i) if itis unable to conduct its licensed activity; (ii) if the conduct of its licensed activity would or might lead to the breach of any of these Regulations or materially affect services to the customers; or Gii) of any material change in circumstance that adversely affects its licensed activity; cause the operator to be present on a licensed facility at all times; notify the Authority of any change of its address, name of location not later than seven days after such change; display in a conspicuous place at its licensed facility its license or a true copy thereof, duly certified by the Authority; and issue an official receipt or tax invoice bearing its registered name and address in all transactions relating to LPG which shall specifically set out: (@ its registered name and address; (ii) the quantity and price of LPG sold, transported, filled or re-filled; (iii). the date of the transaction; (iv) in the case of the sale of LPG in cylinders: 15(aa) the brand of the product; (bb) the net weight of content of a cylinder; (cc) the total price; and (da) _ the unit price per eylinder. | 23.-(1)A icengeeshall, while storing, keeping, handling, conveying, using or dis osing of LPG, take such precautions and exercise such care in order to: | a) ee endangering the safety or health of any person, lor the salety of any person’s property; and ‘b) | prevent risk of significant environmental harm, (2)AL 2ensee shall dispose off any waste related to LPG business inamanner: ad ae place intended for the safekeeping and dumping of such product | purguant to applicable law and Good Petroleum Industry Practices. | 24-(1)A feb shall be obliged to compensate any person who has suffered apa loss of life, or damage to property as a result ofa licensed activity. (2) # person who has suffered from injury, loss of life or damage to p: ps as a result of the licensed activity shall first lodge a complaint w ‘ha licensee whose licensed activity has caused such loss with a view freaching an amicable settlement. (3) li the event no settlement is reached under sub-regulation (2), the per: on who has suffered loss may refer the matter to the Authority fo decision. (4) T. ematter referred to the Authority under sub-regulation (3) shall be deal ie if isa complaint lodged pursuant to the provisions of the Act. (5) Fr the purpos? of this regulation, a person includes an administato , exebutor or exeoutrix of the estate of a deceased person. | 16 Protection flies and property Compensi- tion foros saleInsuenes 25, An importer, wholesaler and super dealer shall ensure that it prc sures adequate insurance cover for an LPG, environment, personnel, cus omers and visitors of a licensed facility sane 2641) Every’ licensee shall at all times: eae | (@)_keep complete and accurate records and data related fn dlo- to its licensed activity; and af informs (b)_ in accordance with the Authority’s requirements and a | pursuant to its directions, promptly provide to the Authority documents, records or information related | to its licensed activity. (2) Aretailer who refuses to furnish information or Statement as re uired under sub-regulation (1) (b) or furnishes false information or Ste emeht to the Authority, commits an offence, and is liable to a fine of yo Iéss than One Million Shillings and not exceeding Five Million Sh lings. 3) An importer, wholesaler, and super dealer who refuses to fu nish information or Statement as required under sub-regulation (1) (b or fdrnishes false information or Statement to the Authority, shall be lic ole t9 pay a fire of not less than Ten Million Shillings and shall have its license suspended for a period of three months. Conidessl 27,41) Any information received by the Authority from a licensee pi suait to the provisions of these Regulations and applicable law sh il bg presumed to be not confidential. (2) A licensee shall not be entitled to withhold information fr. m the Author ty on the ground that it is confidential. (3) A licensee may request the Authority not to circulate specific dé a or|information that it has provided to the Authority. \4) The Authority shall determine that, such information re erred to in sub regulation (3) is confidential. (5) The Authority shall limit or prohibit the publication of any ir ormation to the public in the event it makes a determination that st ch information is confidential. 728.-(1) A. icengee who contravenes the provisions of regulations 22 (b), (¢), (@), 2). (, (2), (1)) and (m), commits an offence and is liable toa fine of n t lest than Three Million Shillings. (2)A icengee who contravenes the provisions of regulations 22 (b). (©), @),&). @. (g). (1) and (m) for the second time, commits an offence and j liable to pay a fine of not less than Ten Million Shillings for a wholes ler ahd Five Million Shillings for a super dealer. (3) T te Authority shall suspend for a period of twelve months a license of any! supplier who shall be found in contravention of regulation 2: (b), (¢), (@), (©), (D, (D.C) and (m) for the third time (4) 4 ny person who has tampered with a cylinder or is found filling a com yetitor's eylinder, commits an offence and is liable to a fine on not less t an Ten Million Shillings and not exceeding Fifty Million Shillings. | PART FIVE ENVIRONMENTAL PROTECTION 29.-(1) \ ligensee shall comply with the requirements of all applicable | nvitonmental laws and Standards related to a licensed facility and 1 retail outlet as appropriate. Qs bier! to applicable law a licensee shall: (@) | carry outan environmental impact assessment before edlablishing a licensed facility, or making a major | improvement to an existing facili (b)) take all necessary preventive measures to avoid | pollution resulting from operating its pumping | Stations, treatment plants, or networks; (©)| observe strict environmental, health, and industrial safety élandards as required by applicable law; and (@) perform an environmental audit related to licensed activity in accordance with applicable law. 18, Compliance with envio mental laws and sanders,Compliance with special cons and ‘andor, LPG operation (3) For the purpose of sub-regulation (2) (a) the term “major imy rovement” means an improvement that aims at expanding the size of tie fability and increasing the number of storage tank, PART SIX ‘TECHNICAL OBLIGATIONS OF A LICENSEE | 30.-(1) A licensee shall comply with the approved specification pet aining to the aandling, storage and composition of an LPG which is c msigtent with these Regulations and applicable law. ® A licersee shall not deviate from any approved specification wit tout prior approval of the Authority and the Authority shall not gre at such an approval unless it is satisfied that such deviation is for pu) lic ihterest.and shall not negatively affect public safety and the em ironment. 31 « A licensee shall not conduct an LPG business, unless has ni red jinto agreement with either importer, wholesaler or a super de: ler af the case may be. | (2) A licensee shall execute and make available to the Authority upn request ‘the agreement. ‘The agreement shall include the following minimum mz adatory requirements: (a)_ the name and physical address of the parties; | (b) the business license numbers of the parties; (c) the brand name of the LPG; (d)_ the prohibition of the licensee as the case may be, require to procure LPG from the wholesaler or super dealer who is not the party to such agreement as the case may ind (e)_ limitation on liability of parties; | (0. obligations to be bound by the legal requirements on health, safety and environmental requirements, | 19(4)N withstanding, any agreement to the contrary, any party to the agreemer ; may terminave the agreement it has entered into, where it determines t) at the operations of the other party is in violation of these Regulations nd applicable laws. (5) li the event a licensee is aggrieved by the refusal of the wholesaler c ° super dealer in sub-regulation (4) of this regulation, he may refer th: ale to the Authority for a decision. Te ape referred to the Authority under sub-regulation (5) shall dea. with such ma‘ter as if itis a complaint lodged pursuant to the provisior s of the Act. (7) ‘Jotwithstanding the generality of this regulation, a wholesaler ¢ 1d a|super dealer shall prepare and submit, a list of all super dealer, and pe retailers as the case may be, to the Authority. 32. Notw thstdnding any provision of these Regulations: (a) |a wholesaler shall provide technical support to a |super dealer with whom it has the agreement and |shall ensure that its LPG wholesale business is |conducted in accordance with these Regulations and Jits licensed facility complies with the requirements as prescribed in these Regulations; and (b) [a super dealer shall provide technical support to a |retailer with whom it has the agreement and shall ensure that its LPG retail business is conducted in ‘accordance with these Regulations and its retail outlet complies with the requirements prescribed in |these Regulations. 33.-(1) A licersee shall sell or offer for sale cylinders supplied from a wholesale or super desler who has entered into the agreement as appropriate, (2)) otwithstanding the provisions of sub-regulation (1), a super dealer or a1 :tailér may, with prior written approval of the wholesaler or super der er tiat they have entered into the agreement with, sell or | 20 Provision oftesnical supper. ofLPG. enceProhibition on the use of esinders and seals offi + fox sale an LPG of a different brand from that supplied by the wh lesaler or the super dealer. (3) Notwithstanding the provisions of sub-regulation (2), lice asee|shall not store, sell or offer for sale LPG of different brand in the samd premises 4) A person who contravenes the provisions of regulation 33, (J) comtmits an offence and is liable to a fine of not less than Three Mi ion Shillings or imprisonment for a term of three years or to both. ) A person who contravenes the provisions of regulation 33 (3) contmits an offence and is liable to a fine of not less than Ten Mi lion Shillings or imprisonment for a term of three years or to both. ) A person who contravenes the provisions of regulation 33 (3) for the seconé time commits an offense and shall be liable to pay a fin. of not less than Twenty Million Shillings. (7) The Authority shall suspend for a period of twelve months a lic’ nse df a licensee found in contravention the provisions of regulation 33.3) fr the third time. 34,-(1) A licensee shall not use any eylinder for storage, handling, fill ng or re-filling of LPG unless such cylinder is completely leak prc of, undamaged and suitable and safe for such storage, handling, fill ng of re-filling. (2) A licensee shall not use a cylinder that posses or may pose as gnifivant risk of environmental harm or harm to the safety or health of ny person or property 3) A licensee shall ensure that not later than two months of :oming into force of these Regulations, all cylinders are marked ci ording to the provisions of these Regulations. (4) A licensee shall not use a cylinder that is not clearly marked ‘pu suant to these Regulations. (5) All seals shall be of the type that must be broken or destroyed be ore LPG can ‘low out of the cylinder. | 2(6) A wholesaler, a super dealer and a retailer shall be jointly and severall; liable for providing cylinders with no seal or a broken seal. (7)A supplier who sells, offers for sale or distributes a cylinder with a broke | seal or with no seal shall be liable to a fine of not less than Three illion Shillings. 35.-(1) A >ersgn shall not decant a cylinder at any place other than a licensed fa ili (2) A person who contravenes the provisions of sub-regulation (1) commits an offence and shall be liable to a fine of Five Million Shillings or j nprigonment for a term of three years or both, 36. cylinder as 1 qui (1) A whdlesaler, super dealer or a retailer shall ensure that sd by the provisions of the government institution cylinders. ¢ my fi net LPG quantity or total weight of LPG and responsible { 1r Wi ights and Measures. (2) T e following circumstances shall raise a presumption that acylinder is indet filled: | ‘a) ja broken seal; ) {©) the abserice of a seal. seal thet has been tampered with; or (3) P issession of an under filled cylinder that has not been so identified or that has not been removed from a licensed facility or a retail outlet, thall/raise a presumption that such cylinder is for sale. 37-(1) A wholesaler, a super dealer or a retailer shall {a) maintain at all times on its licensed facility or a retail ‘outlet as the case may be, a weighing scale suitable |for cylinders and such weighing scale shall be [calibrated and sealed by the institution responsible for Weights and Measures; and {b) [prior to selling or offering for sale, ensure by weighing that, the LPG in a cylinder meets the required quantity. 22 Prohibition to decent Prohibition on under filing The wse of calibrated weighing seals,Reference of violation tothe certification authority. Marking of| evlindes (2) A wholesaler, a super dealer or a retailer who fails or refuses to1 aintain a weighing scale or to weigh the LPG contents in a cylinder cor mits an offence and is liable to a fine of not less than Three Million Sh lings. (G) Any wholesaler, super dealer or retailer who for the second tim : is ee failing or refusing to maintain a calibrated weighing sca e in its licensed facility or retail outlet or who fails to weigh the LP 3 contents in a cylinder commits an offence and shall be liable to a fin. of not less than Five Million Shillings. ) The Authority shall suspend for a period of twelve months a lies nse i a licensee found in contravention the provisions of regulation 37 1) i the third time. 38. A wholeseler, a super dealer or a retailer who: |} @ ©) | sells, offers for sale or distributes an under filled cylinder as provided for under regulation 36; or fails or ignores to maintain a calibrated weighing seale in its licensed facility as required under regulation 37, shall be referred to the institution responsible for Weights and Measures for action, 39.-(1) A cylinder shall have the owner's distinguishing unique col »r that cannot be copied or used by subsequent market entrants. @)Acylinder shall be clearly marked with: aay ) () @ the owner's trade name; the cylinder’s serial number; the date manufacture and the last major service; and jonal markings as required by the40.-(1) A 1 importer, wholesaler and super dealer shall ensure that a sales invoice for gach shipment of LPG includes: peor meer super dealer, retailer and fe bulk customer as the case may be: ‘b) the quanity thereof; and (©) the delivery point (2) 1 2G shall be unloaded only by, or in the presence of a licensee, ab Ik customer or their representative, as named on the sales invoice or tr nsfet document, (3) L °G shall only be unloaded at the delivery point designated by a license or 4 bulk customer as indicated on the sales invoice or transfer doct ment. and a safety salve is properly closed and sealed to protect it against a 41.-(1) A licensee shall, upon refilling, ensure that a cylinder valve leak and tar eri @a ibe shall not import, sell, fill, re-fill or distribute an LPG in a cy! ndet that has: (a) [a broken or defective seal: or {b) |not been properly closed and sealed in accordance ‘with sub-regulation (1). (3) A I licénsces shall ensure that a cylinder seal complies with Zanzibar Bu eau of Standards. 42.-(1)A jicensee shall not engage in any activity that may deceive, tend to dece re orfhave the effect of de 1g a customer, with respect to: {a) |the brand name of the LPG; and {b) |LPG’s composition, grade or quantity. (2) A. cengee who contravenes the provisions of sub-regulation (1), commit an pffence and is liable to a fine of not less than Ten ngs. 24 | Une Cylinder sealing Deceptive rode practicesStorage of LPG. Provision for fie Extings shine esipment 43.-(]1) A licensee shall: (a) locate, construct, maintain and operate its works connected with storage of LPG in accordance with these Regulations, respective license, applicable | laws and Good Petroleum Industry Practices; and (b) conductits licensed activity or LPG retail business as the ease may be, in such a way so as not to endanger public health or safety. 2) A liceasee shall mark with conspicuous signs on the place at» +hicl the storage tanks and cylinders are located. ) A licensee shall, when storing LPG, employ appropriate saf guatds to ensure that a leak is easily detected, including elevating a Sto age fank above the ground and placing a Storage tank on a concrete pa. | ) A wholesaler, or a super dealer shall, where it intends to rey ace or install equipment at a licensed facility or a part thereof, no fy tie Authority not less than thirty days prior to commencing such rep aceinent or installation in order to allow the Authority to make nei essafy inspections and issue necessary approvals. - A wholesaler and super dealer shall ensure that its Storage tar «s afe calibrated by the institution responsible for Weights and Mc asurgs. 40 Pursuant to the applicable law, a licensee shall provide and me ntain adequate fire extinguishing equipment at a licensed facility ani a retail outle} as appropriate. yin este erreare ct ab eralston jor iaa re one a licensee shall ensure that a licensed facility or a ret ou [et a§ appropriate is equipped with: (a) any emergency equipment required by applicable law for the use of a driver in an emergency situation; |b). ahydrant system for a wholesaler to fight fires in the licensed facility; and | 25QA regulation (2 loaded, hand GA described ir applicable la 45. A lice in the event 46-(1) T these Regule @1 equipment a c) atleast six fire extinguishers of 9kg, dry powder type for a super dealer and two fire extinguishers 9kg, dry powder type to fight fires in the licensed facility or retail outlet as appropriate. licensee shall position the equipment deseribed in sub- in avcessible places at a licensed facility where a LPG is ed, dffloaded or delivered. icengee shall, not less than once a year, test the equipment subpregulation (2) pursuant to its specification and ® asee/shall estzblish a fire emergency plan to be employed fafire at a licensed facility that shall: ‘a) [include a suitable and adequate fire-fighting plan that comprises: (i) the locations and types of all fire-fighting | equipment; and (ii) an action plan that identifies, inter alia, assembly points and the tasks of all employees; {b) |include provision for the training of employees to deal with a fire emergency situation, the records of which shall be preserved; {©) be provided to employees employed in or on the relevant premises; and (d) [be made available to the Authority on request. xe Authority may inspect a licensed facility pursuant to ions and applicable law. e Atithority may access and inspect a licensed facility’s d documents from licensee, 26 Prepaa orfie emergency pla Inspection of alicensed facili.Prohibited sets agains inspectors (3) A licensee shall render such assistance to inspectors in the cot ‘se of such inspection, (4) Notwithstanding the generality of sub-regulations (2), an ins ectof shall have the right and obligation to enter upon any licensed fac lity for the purpose of conducting an inspection. 6 1) A licens During inspection, an inspector may (a)_ take samples of any substance or articles stored in a licensed facility: (b)" make copies or take extracts from any book, accounts or records kept on a licensed facility; (©) inspect machinery, equipment, appliances, meters, fittings and apparatus; and (d) inspect any vehicle that is found ata licensed facility. hall not: (a) hinder or obstruct an inspector in the exercise of any of the powers conferred upon it under these Regulation (b)__use abusive, threatening or insulting language to an inspector; (©) deny or fail to comply with a requirement, direction or notice of an inspector; and (d)_ when required by the authority to answer a question, deny or fail to answer such question to the best of his knowledge, information and belief. (2) A person who contravenes the provision of sub-regulation (1) conimits an offence and is liable, on conviction, to a fine of not les thah Five Mil ion Shillings or to imprisonment for a term not ex« 2eding two years or both, a748.1) A licensed facility may, subject to the provisions of this regulation, b- decommissioned: a) after the Authority receive a written application for la decommissioning from a wholesaler or a super |dealer, as the case may be; (b) [by an onder of the Authority where itis satisfied that such facility has been abandoned by its licensee for Ja period not less than three months; or (©) |by an order of the Authority that the same be decommissioned after the Authority is satisfied that the continued operation of such facility poses a | danger to lives and property. (2). whplesaler or @ super dealer shall in the event that it seeks to dec mmission a Licensed facility, notify the Authority not less than thirty ¢ ays prior to such decommissioning in order to enable the ‘Authority te make necessary inspections and issue necessary approvals. (3) otwithganding any provision of these Regulations. a wholesaler or saper dealer shall pay all costs associated with the decommiss’ ming of licensed facility, whether such decommissioning has been de ic following the request by the wholesaler. super dealer or by order of he Authority, as the case may be. 49.-(1). . wholesaler or a super dealer, as the case may, shall, prior to decomm ssioning a licensed facility, restore the licensed facility so that it does iot pose a threat to the environment or the safety and health of the publ» (2) ‘he Authority shall, after completion of the restoration of a licensed fa ility to its original state by a wholesaler or a super dealer, issue a cer ficafe of compliance to a wholesaler or a super dealer, as the case m: y bey confirming such restoration. (3) ‘or the purposes of sub-regulation (1) “restore” means: (a)) toreturn the area in which a licensed facility islocated | to its original and natural State as it was before the 28 ese ssioning procedure, Site rotor ation,Penalties and remedial (b) construction and installation of the license facili or to render the area in which the licensed facility is located, or part thereof, compatible with its intended after-use, including: () removing buildings, Structures, plant and debri (ji) eMablishing of compatible contours and drainage; (ii) replacing top soil, re-vegetation, slope Slabilization; and (iy) infilling of excavations. PART SEVEN | PENALTIES AND REMEDIAL MEASURES 50.41) The Authority may, without prejudice to the penalties prc scribed in these Regulations and applicable law where it determines the a ligensee is in violation of these Regulations or applicable law: (a) ) © (@) ©) © issue a warning; issue a compliance order restraining the licensee from continuing violation of applicable law; resirict the conduct of a licensed activity; order the licensee to remedy any situation as a result of such violation; issue a partial suspension of a license for such period as the Authority may determine; suspend a license for such period as the Authority may determine; or revoke a license. 2951. Whe'> th licensee is not satisfied with the decision of the AP! Authority mi y appeal to the competent court 52.-(1) } otwithstanding any provi PART EIGHT | GENERAL PROVISIONS ions of these Regulations an Paver inspector sh I hae the right and obligation to enter upon any licensed $92 facility or re ail licensed acti rity of these Reg lati I lose the utlet and close it down where he determines that a fail. r retail business is being conducted in contravention ns, (2)4 a ingpector may while discharging his obligation provided insub-regul tion| including tt > pol assistance the (DE very performane of to have bec 1 dul these Regul ition. 1), seek the assistance of law enforcement institutions fice and such institution shall provide the requested inspector, lawful acts done or omitted by an inspector in bona fide js functions under these Regulations shall be deemed ly done or committed in pursuance of provisions of (4) ‘he aets done or omitted bona fide while executing duties under these eg action, clai 1 or lations shall not subject him personally to any liability, jemand whatsoever. 53. Al LP business whether licensed or not, shall within six ‘ranitionat months afi-r coming into force of these Regulations adjust their *°"""™ operations and ipgrade their facilities in order to comply with the provisions f the: se Regulations. 54, Ap: tson|who commits an offence for which no specific penalty General is preseriby in # a fine of nc : less these Regulations, commits an offence and is liable to than On: Million Shillings. 55, Wh sre ptocedures are not provided for in these Regulations, the T% aut Authority. ray do whatever is necessary and permitted by the Act and ‘yr. supplement applicable aw to enable it to effectively and completely adjudicate on proceiures any matter before it. 30SCHEDULE, (Regulation 11 (4)) PENALTHI Ope ator Category] 1st Offence 2nd Offence _| 3rdor Subsequent Offence Imp rter/Wholesaley| Fine of Ten Million | Fine of Twenty | Fine of Thiny Tanzania Shillings | Millions Tanzania Millions Tanzania Shillings Shillings Sup “Dealer Tine of Seven Fine of Fifteen, Fine of Twenty Million Tanzania | Million Tanzania | Millions Tanzania | Shillings Shillings Shillings | Ret Ter] Tine of Five Fine of One Million] Two Millions Hundred Thousand } Tanzania Shillings ‘Tanzania Shillings ‘Tanzania Shillings SI NED on this | | DZ... cay of. DOCS 1B 017 av SALAMA ABOUD TALIB MINISTER FOR LANDS, WATER, ENERGY AND ENVIRONMENT. ZANZIBAR 31