Tanzania
Petroleum (Conservation) Act
Chapter 392
- Published in Tanzania Government Gazette
- Commenced on 5 October 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. 1-3)
1. Short title
This Act may be cited as the Petroleum (Conservation) Act.2. Application
The provisions of this Act shall apply to all persons, all departments of the Government, all public corporations and all companies established under the Companies Act1 and to the Tanzania People's Defence Forces and all persons employed by or under them, and to all such other entitled or persons who may deal in petroleum or petroleum products:Provided that any regulations made under this Act may be expressed not to apply.3. Interpretation
In this Act, unless the context otherwise requires—"contravention" includes in relation to any provisions, a failure to comply with that provision and the expression "contravene" shall be construed accordingly;"deal in", in relation to petroleum, includes using petroleum or petroleum products, in whatever amount, for any purposes of any kind;"Minister" means the Minister responsible for petroleum matters;"motor vehicle" means any self-propelled vehicle intended or adapted for use on the road and includes an engineering plant and a motor cycle;"petroleum" includes any inflammable liquid or liquid gas made from petroleum, coal, schist, shale, peat, or any other bituminous substance or from any product of petroleum.Part II – Restriction on import, transport, storage, sale and use of petroleum (ss. 4-12)
4. Restriction on import, transport, etc.
No petroleum shall be imported, unloaded, landed, loaded, transhipped, transported, stored or sold to customers save in accordance with the provisions of this Act.5. Regulations
6. Petroleum not to be kept in contravention of the Act
The occupier of any premises in which petroleum is kept in contravention of this Act shall be liable on conviction to a fine not exceeding five thousand shillings for every day on which the contravention occurs or continues and the court before whom any person is convicted under this section may order that the petroleum in respect of which the contravention occurs and any vessel in which it is contained be forfeited to the Government or otherwise dealt with in such other manner as the court thinks fit.7. Penalty on licence holders contravening the Act
If any person to whom any permit or licence is granted under this Act contravenes any conditions of the permit or licence or any of the provisions of this Act, he commits an offence and on conviction is liable to a fine not exceeding five thousand shillings for every day on which the contravention occurs or continues.8. Penalty for contravening regulations relating to transport
If any person contravenes any provisions of any regulation relating to the transport of petroleum, he commits an offence and conviction is liable to a fine not exceeding four thousand shillings for every day on which the offence occurs or continues, and the court before whom that person is convicted under this section may order that the petroleum in respect of which the offence was committed and any vessel in which it is contained be forfeited to the Government or be dealt with in any other manner which the court thinks fit.9. Penalty for contraventions in respect of petroleum in vessels
Subject to section 10, in the event of contravention of any regulations in force under this Act relating to the precautions to be observed with respect to ships carrying petroleum within a port the owner and master of the ship in or in relation to which the contravention in respect of the mooring of a ship takes place, the owner of any petroleum vessel in respect of which the contravention occurs, commits an offence and on conviction is liable to a fine not exceeding one thousand shillings for every day upon which the offence occurs or continues.10. Defences
In any proceedings for an offence against section 9, it shall be a good defence—11. Penalty for failing to give notice to port authorities
The owner or master of every ship carrying a cargo and any part of which consist of petroleum who, upon entering a port fails to give such notice to the port authorities as may be required by regulations made under this Act commits an offence and on conviction is liable to a fine not exceeding twenty thousand shillings.12. General penalty
Where a person contravenes a provision of any of the Regulations made under this Act for which no specific penalty is provided commits an offence and on conviction is liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding three years or to both.Part III – General provisions (ss. 13-16)
13. Repeal of R.L. Cap. 225
[Repeal of the Petroleum Ordinance]14. Validation
15. Savings
Notwithstanding the repeal of the Petroleum Ordinance2—16. Transitional provisions
[Transitional provisions.]History of this document
31 July 2002 this version
Consolidation
05 October 1981
Commenced