Tanzania
Petroleum (Exploration and Production) Act
Chapter 328
- Published in Tanzania Government Gazette
- Commenced on 15 July 1981
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
Part I – Preliminary provisions (ss. 1-7)
1. Short title
This Act may be cited as the Petroleum (Exploration and Production) Act, and applies to Mainland Tanzania as well as Tanzania Zanzibar.2. Application to continental shelf
This Act shall apply to and in respect of the sea-bed and subsoil of the continental shelf.3. Act not to apply to certain minerals
No right to search for or mine any mineral (as defined in section 4 of the Mining Act 1), shall be granted or exercised under this Act.4. Petroleum vested in United Republic
5. Interpretation
6. Service of documents
7. Graticulation of earth's surface and constitution of blocks
Part II – Administration (ss. 8-12)
8. Commissioner for Petroleum Affairs
9. Performance of Commissioner's functions, etc.
10. Prohibition against disclosure of information
11. Public officer not to acquire or hold certain rights
12. Indemnity
A public officer or an authorised officer shall not incur any liability in respect of anything done by him in good faith under, for the purpose of, or in connection with, the administration of this Act.Part III – Licences (ss. 13-72)
(a) – General (ss. 13-18)
13. Restriction on person to whom licence may be granted
No licence—14. Agreement with respect to grant of licence
The Minister on behalf of the United Republic may enter into an agreement (not inconsistent with this Act) with any person with respect to all or any of the following matters, namely—15. Applications to be made to the Minister
Any application under this Part—16. Power of Minister to obtain information
17. Form of licence
A licence shall be in accordance with such form as the Minister may approve.18. Reservation of blocks
(b) – Exploration Licences (ss. 19-30)
19. Application for exploration licence
20. Content of exploration licence
21. Disposal of application for exploration licence
22. Notice of decision on application for exploration licence
23. Contents of exploration licence
24. Rights conferred by exploration licence
An exploration licence, while it remains in force, confers on the registered holder of the licence, subject to this Act and to the conditions specified in the licence or to which the licence is otherwise subject, the exclusive right to explore in the exploration area for petroleum, and to carry on such operations and execute such works as are necessary for that purpose.25. Term of exploration licence
Subject to this Part and to any conditions specified in the licence or to which the licence is otherwise subject, an exploration licence remains in force—26. Application for extension of exploration licence
27. Application for extension to be in respect of reduced area
28. Grant or refusal of extension of exploration licence
29. Extension of exploration licence in respect of location
30. Conditions of grant of exploration licence
(c) – Discovery of petroleum in exploration area (ss. 31-34)
31. Discovery of petroleum to be notified
32. Directions of Minister on discovery of petroleum
33. Declaration of location
34. Investigations of locations
(d) – Development licences (ss. 35-47)
35. Application by holder of exploration licence for development licence
36. Content of application for development licence
An application under section 35—37. Disposal of application for development licence
38. Restriction on grant of development licence
39. Notice of decision on application for development licence
40. Content of development licence
41. Rights conferred by development licence
A development licence, while it remains in force, confers on the registered holder of the licence, subject to this Act and to the conditions specified in the licence or to which the licence is otherwise subject, exclusive rights—42. Term of development licence
Subject to this Part and to any conditions specified in the licence or to which the licence is otherwise subject, a development licence remains in force—43. Application for extension of development licence
44. Grant or refusal of extension of development licence
45. Revocation of declaration of location
46. Unit development
47. Directions as to recovery of petroleum
(e) – Restriction on exercise of rights under licence (s. 48)
48. Restriction on exercise of rights
(f) – Surrender, cancellation and suspension of licences (ss. 49-51)
49. Surrender
50. Effect of certificate of surrender
51. Suspension or cancellation of licence
(g) – Transfers and registration (ss. 52-56)
52. Records
53. Interest in licence to be created by instrument in writing
54. Transfer of licence to be approved by Minister, etc.
55. Minister may require information
The Minister may require any person making application under section 54 to the Commissioner to furnish to the Commissioner such information as the Minister may reasonably require to enable him to dispose of the application, and the applicant shall comply with the requirement.56. Evidentiary provision
(h) – Miscellaneous duties with respect to submitting report (s. 57)
57. Application of First Schedule
(i) – Miscellaneous (ss. 58-72)
58. Work practices for holder of licence
59. Work practices for holders of instrument of consent
A person who is the holder of an instrument of consent under section 71 shall carry out all exploration operations in the area in respect of which the instrument of consent is in force in a proper and workman-like manner and in accordance with good oilfield practices, and shall take all reasonable steps to secure the safety, health and welfare of persons engaged in those operations in or about that area.60. Penalty for breach of section 58 or 59
61. Maintenance, etc., of property
62. Drilling near boundaries
63. Directions
64. Compliance with directions
65. Removal of property by holder of licence, etc.
66. Removal and sale of property by Minister, etc.
67. Penalty for late payments
68. Further information to be furnished
69. Failing to furnish information
Any person who—70. Survey of wells
71. Scientific investigations
72. Control over companies not to be given without consent of Minister
Part IV – Surface rights (ss. 73-75)
73. Right to graze stock
74. Compensation for disturbance of rights
75. Rights over unalienated land
The President may, if he is satisfied that it is necessary to do so for development purposes or for purposes ancillary to development grant, upon such terms and conditions as he may think fit, to the registered holder of a licence—Part V – Disputes (ss. 76-80)
76. Commissioner may decide disputes
77. Enforcement of Commissioner's decrees and orders
78. Appeal to High Court
79. Jurisdiction of courts excluded
No person shall commence proceedings in a court in respect of any dispute of a kind referred to in section 76 unless the Commissioner has refused pursuant to subsection (2) of that section to decide the dispute.80. Regulations with respect to proceedings
The regulations may make provision with respect to the initiation and conduct of proceedings under section 76, and keeping of records and notes of evidence concerning any such proceedings.Part VI – Financial provisions (ss. 81-88)
81. Royalty on petroleum obtained under a development licence
82. Prohibition on disposal of petroleum
If the registered holder of a development licence fails to pay any royalty payable by him on or before the due date, or any extension thereof allowed by the Minister, the Minister may, by order served on the registered holder of the licence, prohibit the removal of, or any dealings in or with, any petroleum from the development area concerned, or from any other development area held by that holder, until all outstanding royalty has been paid or until an arrangement has been made and accepted by the Minister, for the payment of the royalty; and the registered holder shall comply with the order.83. Remission of royalty
84. Annual charges in respect of licence
85. Security for compliance
The Minister may, from time to time, make such arrangements as appear appropriate to him to secure that the registered holder of a licence complies with this Act, and in particular may accept guarantees, whether from shareholders or otherwise, in respect of that compliance.86. Minister may require information to be furnished
87. Failure to furnish information under section 86
Any person who—88. Recovery of royalty, etc.
Part VII – Miscellaneous provisions (ss. 89-93)
89. Power of entry
90. Offences in relation to section 89
Any person who—91. Obstruction of holder of licence
Any person who, without reasonable excuse, obstructs, molests, hinders or prevents the registered holder of a licence in or from the doing of any act which that holder is authorised to do by this Act shall be guilty of an offence and liable on conviction to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months, or to both.92. Offence committed by company or corporation
When an offence which has been committed by a company or a corporation is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the company or corporation, or any person who was purporting to act in any such capacity, he, as well as the company or corporation, shall be guilty of that offence and liable to be proceeded against and punished accordingly.93. Miscellaneous offences
Any person who—94. Regulations
Part VIII – Transitional provisions, savings, repeal and amendments (ss. 95-97)
95. Transitional provisions and savings
The transitional provisions and savings in the Second Schedule shall have effect.96. Repeal of R.L. Cap. 399
[Repeals the Mining (Mineral Oil) Ordinance.]97. Incorporation into Cap. 123
[Incorporated into the Mining Act.]History of this document
31 July 2002 this version
Consolidation
15 July 1981
Commenced
Subsidiary legislation
Title | Numbered title |
---|---|
Petroleum (Exploration and Production) Transitional Rules, 1982 | Government Notice 134 of 1982 |
Trade and Services Marks Regulations, 2000 | Government Notice 40 of 2000 |
Cited documents 7
Legislation 7
1. | Wildlife Conservation Act | 759 citations |
2. | National Park Act | 74 citations |
3. | Tanzania Revenue Authority Act | 29 citations |
4. | Forest Act, 2002 | 23 citations |
5. | Mining Act | 17 citations |
6. | Antiquities Act | 5 citations |
7. | Ngorongoro Conservation Area Act | 3 citations |