A Laws.Africa project
10 September 2004

Uganda Government Gazette dated 2004-09-10 number 46

Download PDF (791.7 KB)
Page 1
            The                                                                                                         na idi\ rt.)cu i'c1vpx


              "W"                                                                                        A    A            Published


      : Uganda Gazette
    UXCVIINo.46                                   10th September, 2004                                            Price: Shs. 1000

                          CONTENTS                   Page                   (d) stimulate economic development; and
   Mdstn'of Energy and Mineral Development—Notice      303
      Electoral Commission—Notices ...          ...   304                  (e) manage energy-related environmental impacts.
      Companies Act—Notices ...............    ...    304
                                                                      The strategy for achieving the above broad policy objectives
   "vTrade Marks Act— Registration of applications 305-308
                                                                      are:
   Advertisements ..............               ...     309
                                                                           (i) to prepare database on petroleum resources and
                                                                                 build local capacity to acquire, access and
   General Notice No. 286 of 2004.                                               evaluate the resource;
        MINISTRY OF ENERGY AND MINERAL                                     (ii) to attract private capital and management in
                    DEVELOPMENT                                                  provision of petroleum services.;
  GUIDELINES ON LICENSING OF                   PETROLEUM
                                                                           (iii) to promote and encourage competition;
     FACILITIES AND OPERATORS
  (General Notice issued under Section 6 of the Petroleum Supply           (iv) to create a transparent legal and regulatory
                         Act, 2003)                                             framework;
    Introduction
 I In January 2003 the Ministry of Energy and Mineral                      (v) to ensure energy supply security and reliability;
I Development (the Ministry) wrote to the Kampala City
                                                                           (vi) to promote petroleum trade within the region; and
   Council (KCC) to stop issuing new licences for construction
   of petroleum retail stations. Suspension of licences was for            (vii) to strengthen environmental monitoring in the
   purposes of ensuring that development of new petrol                           sector.
  stations in Kampala is in accordance-with the new
  guidelines to be issued by the Ministry. These guidelines are      These guidelines are intended to implement the Energy
  intended to serve that purpose.                                    Policy in the above context.

Policy Context                                                        Legal Context
In 1994 Government adopted a policy of free market                    The Petroleum Supply Act, 2003 (the Act) was enacted
economy driven by the private sector. Price control and               and came into force in November 2003. The Act repealed
bureaucratic resource allocations were abolished.                     the Petroleum Act, Cap 97 of (he 1964 Laws of Uganda
Government also privatized its interests in the three oil­           and the Uganda Oil Board Statute of 1991. The Act also
marketing companies, which were nationalized in the 1970s.           revoked the Petroleum Filling Stations Rules, S.L 27-29
                                                                     issued under the Urban Authorities Act, Cap 27 of the
The Energy Policy for Uganda was adopted in 2002. The                 1964 Laws of Uganda. The Act provides for anyone
Micy covers, inter alia, the downstream petroleum                    intending to enter the petroleum supply chain to apply to
 ubsector. After adoption of the Policy, the Ministry               the Commissioner of Petroleum               Supply (the
brmulated a new legal framework to regulate the subsector           Commissioner) for grant of a petroleum construction
•n the principles of a free market with open access and fair        permit (the Permit) and/or grant of a petroleum operating
ompetition. Industry regulation is therefore focused mainly         license (the Licence).
n health, safety and environmental (HSE) standards; unless
:ere arc elements of unfair competition in the market.             For purposes of these guidelines, the petroleum supply chain
                                                                   covers petroleum import, export, re-export, storage,
he main goal of the Energy Policy is to meet energy needs          distribution and sale both at bulk consumer and retail
f the population in an environmentally sustainable manner,         outlets/stations.
he broad Policy objectives with respect to the downstream
^troleum subsector are to:                                           Objectives of the Guidelines
                                                                    The objective of the guidelines is co provide for a
   (a) establish demand for the resource;                           transparent, orderly and non-discciminative treatment of all
                                                                    applications to enter the petroleum supply chain. Existing
   (b) increase access to modern affordable and reliable
                                                                    facilities that currently do not meet the requirements of
         energy services;
                                                                   these guidelines will be required, within a given time frame,
   (c) improve energy governance and administration;               to re~align their facilities accordingly or closedown

Page 2
Download full gazette PDF