Tanzania
Surface and Marine Transport Regulatory Authority Act
Chapter 413
- Published in Tanzania Government Gazette
- Not commenced
- [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 Surface and Marine Transport Regulatory Authority Act.2. Commencement
3. Interpretation
In this Act unless the context requires otherwise—"annual report" means the annual report of the Authority referred to in section 46;"Authority" means the Surface and Marine Transport Regulatory Authority established by section 4;"Board" means the Board of Directors of the Authority referred to in section 7;"Chairman" means the Chairman of the Authority referred to in section 8 (1) (a), and includes the Deputy-Chairman and any other person performing the functions of the Chairman;"class licence" means a licence which may be granted to multiple regulated suppliers under sector legislation on standard terms and conditions or substantially standard terms and conditions;"Commission" means the Fair Competition Commission;"Council" means the SUMATRA Consumer Consultative Council established by section 29;"Director-General" means the Director-General of the Authority appointed under section 13;"Division" means a division of the authority constituted under section 20;"Division Director" means a Division Director appointed under section 14;"Gazette" means the Government Gazette of the United Republic of Tanzania;"inquiry" means an inquiry instituted by the Authority pursuant to section 18;"member" means any member of the Board and includes the Chairman and the Director-General;"Minister" means the Minister for the time being responsible for the Authority;"officer" means any member or employee of the Authority;"Permanent Secretary" means the Permanent Secretary of the Ministry for the time being responsible for the Authority;"Public Register" means the Public Register of the Authority, kept by the Authority pursuant to section 23;"regulated goods" means any goods produced, supplied or offered for supply or for use in a regulated sector and includes any goods the Authority declares under section 38;"regulated sector" means rail transport, ports and maritime transport, public passenger road transport and commercial road transport;"regulated services" means any services supplied or offered for supply in a regulated sector and includes services which the Authority declares to be such services under section 38;"regulated supplier" means any person engaging in activities in or in connection with a regulated sector and includes any person whom the Authority declares under section 38 to be such supplier;"review panel" means the review panel established under section 25;"sector Act" means any of the statutes referred to in sections 48 to 53 and any other statutes amending or replacing those statutes;"sector legislation" means the legislation amended by sections 48 to 53;"sector Minister" means the Minister for the time being responsible for a regulated sector;"Special Review Committee" means the Committee appointed by the Authority pursuant to section 25;"standards" includes standards relating the context of telecommunications and electronic broadcasting applied in the surface and marine transport sectors;"sub-office" means, in relation to the Authority, and office of the Authority other than its head office;"Tribunal" means the Fair Competition Tribunal established by section 4 of the Fair Competition Act 1.Part II – The Authority (ss. 4-14)
4. Establishment of the Authority
5. Duty of the Authority
It shall be the duty of the Authority that in carrying out its functions it shall strive to enhance the welfare of Tanzania society by—6. Functions of the Authority
7. Establishment of the Board
8. Nomination Committee and nominations
9. Functions of Nomination Committee
10. Code of conduct
11. Conflicts of interest
12. Removal of members
13. The Director-General
14. Directors, consultants and other staff
Part III – Powers and proceedings of Authority (ss. 15-24)
15. General powers
16. Powers to set rates and charges
17. Power to obtain information, documents and evidence
18. Power to hold inquiries
19. Competition policy and contraventions of competition legislation
20. Authority may sit in Division
21. Delegation
22. Consultation with consumers, industry and government
23. Public Register
24. Confidentiality
Part IV – Review and repeals procedures (ss. 25-28)
25. Review panel
26. Decision made under delegated power
27. Decision be placed on the Public Register
28. Appeals to the Competition Tribunal against decisions of the Authority
Part V – The Council (ss. 29-31)
29. Establishment of the Council
30. Functions and powers of the Council
31. Funds of the Council and annual report
Part VI – Complaints and dispute resolution (ss. 32-36)
32. Complaints
33. Procedures and powers of the Authority
34. Appeals to the Fair Competition Tribunal
35. Inconsistency with sector legislation
36. Inconsistency with the Fair Competition Act or the Standards Act
Part VII – Enforcement and compliance (ss. 37-40)
37. Compliance orders
38. Rules and declarations
39. Regulations
The Minister may make regulations not inconsistent with this Act or a sector-specific Act as he considers necessary or desirable to give effect to the provisions of this Act.40. Offences
Part VIII – Financial provisions (ss. 41-47)
41. Funds of the Authority
42. Surplus funds
43. Authority exempted from taxes
44. Accounts and financial audit
45. Performance audit
46. Annual report
47. Budget
Part IX – Consequential, transitional and miscellaneous provisions (ss. 48-53)
48. Existing licences, permits and contracts
49. Amendment of Cap. 173
[Amends the Ferries Act.]50. Amendment of Cap. 166
[Amends the Tanzania Harbours Authority Act.]51. Amendment of Cap. 317
[Amends the Transport Licensing Act.]52. Amendment of Cap. 177
[Amends the Tanzania Central Freight Bureau Act.]53. Amendment of Cap. 170
[Amends the Tanzania Railways Corporation Act.]History of this document
31 July 2002 this version
Consolidation
Cited documents 6
Legislation 6
1. | Government Proceedings Act | 460 citations |
2. | Railways Act | 14 citations |
3. | Transport Licensing Act | 9 citations |
4. | Standards Act | 5 citations |
5. | Tanzania Harbours Authority Act | 5 citations |
6. | Ferries Act | 3 citations |
Documents citing this one 2
Judgment 1
1. | Comfort Technological Investment (T) Ltd vs Tanzania Shipping Agencies Corporation (Civil Case 23 of 2019) [2021] TZHC 6496 (24 September 2021) |
Legislation 1
1. | Shipping Agency Act | 1 citation |