HOW ONE MAY ACQUIRE PETROLEUM CONSTRUCTION PERMIT IN UGANDA
Governing laws include,
PETROLEUM SUPPLY ACT, 2003;
THE PETROLEUM SUPPLY (GENERAL) REGULATIONS, 2009
A person who intends to obtain a petroleum construction permit under section 17 (1) of the above mentioned Act shall submit the original and two copies of the application to the Commissioner as prescribed in Schedule 3 of the above mentioned Regulations.
You can apply for this license either as an individual or body corporate
Below is the procedure
• Identify the area you intend to construct your petroleum facility
• Engage the true owners of the intended area if it is not yours, you can either purchase it or seek a lease for your operations.
• Whichever arrangement you enter in must be in reduced in writing as proof of your acquired interest in the area.
• Seek approval or certification for the construction works from the National Environment Management Authority, local or urban Authorities, and any other stakeholder institutions taking that intended area.
• Obtain investment certification from Uganda Investment Authority.
• Obtain Tax clearance and Tax Identification Number from Uganda Revenue Authority if you do not have.
• Find out from the commissioner department of petroleum supply if you need to pay deposit for cost of experts.
• Prepare your application for the permit in accordance to regulation 3 of the above regulations.
• Get pay slips from the department of petroleum supply and pay application for license fee as you may be advised.
• Find out from the commissioner, department of petroleum supply if you need to pay
• obtain the following
In case of a body corporate, the corporate name, registered office address and country where it is incorporated;
Where the body corporate is incorporated outside Uganda, proof of establishment of a place of business in Uganda and registration as a foreign company in accordance with the Companies Act;
A statement and supporting documents giving particulars of the financial and technical capability of the applicant to carry out the operation to which the application refers;
Names, addresses and qualifications of potential principle contractors and supervisors to be employed for the project;
Description and location of the project, amount of investment capital, technologies to be used, site and construction plans;
proof or binder of insurance for protection against third party liability, including environmental damages during the construction phase, in the amount established and published by the Commissioner for the type of project to which the application refers;
Proof of ownership or lease of the property on which the project is being carried out;
The estimated date of completion of the project;
Required approval or certification by the National Environment Management Authority, local or urban Authorities, and any other stakeholder institutions for the construction works;
Environmental project brief or environmental impact statement in the form and with the information prescribed by the Environment (Environment Impact Assessment) Regulations, for further processing in accordance with regulation 8 of these Regulations.
the description of safety programmes, equipment and plans for the protection of occupational health, industrial safety and environmental protection during regular construction operation as well as contingency plans for accidents, natural disasters and emergencies.
Proof of payment of fees prescribed by these regulations and of deposit for cost of experts according to regulation 12; and
A Tax Identification Number for new investors and tax clearance certificate for existing companies.
• Peruse through the application for petroleum construction permit addressed to commissioner, department of petroleum supply.
• The application for petroleum construction permit should include the name, address and nationality of the applicant and all the above listed details.
• Attach all the above documents on the application for petroleum construction permit
• Make two Photocopies of the applications for petroleum construction permit.
• Submit/file the original application together with two photocopies of the same to commissioner department of petroleum supply.
• A summary of the application for a permit for a project as stated in the application, with particular attention to the plans for the protection of safety and the environment, shall be published by the applicant in a newspaper of national circulation within fifteen days after the filing of the application in accordance with the Regulations mentioned above.
• Evidence of the publication referred to in sub regulation shall be provided to the Commissioner.
• A person who wishes to object to the approval of the published application shall file the objection with the Commissioner within seven days from the date of the publication of the application and the Commissioner shall resolve the objection during the approval process.
• The commissioner shall then consider the application where he or she may approve or reject it.
• Assuming the application is is approved or granted the applicant should proceed to pay the permit fees.
• Construction operations shall be started within ninety days from the effective date of the permit unless otherwise approved in writing by the Commissioner.
• During the execution of the works, the Commissioner shall carry out inspections in order to verify compliance with the conditions of the permit.
• Upon completion of the final inspection, the Commissioner shall issue the certificate of completion in respect of the project.
• The validity and extension of the construction permit shall be in accordance section 21(1) of the Petroleum Supply Act, 2003 mentioned above.
Author is A regional transactions legal consultant (ADVOCATE) at NOA REGIONAL ASSOCIATED ADVOCATES AND LEGAL CONSULTANTS
Email address: onlinetransactionconsultancy@gmail.com.
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NOTE: whereas the author has made necessary efforts to ensure the accuracy of this post, it is not intended to provide specific legal advice to a particular individual as individual situations may differ.
For specific technical / legal transaction advice on this subject matter and related subject, you may contact the author at online consultancy fee, or contact any transaction legal consultant of your choice.
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