Written Laws (Miscellaneous Amendments) (No. 2) Act, 2021.
Country
Type of law
Legislation
Abstract
This Act consisting of 33 articles divided into XV Parts aims at amending certain written Laws in order to facilitate the implementation of provisions of agreements that involve the Government and provide for special arrangement.
Part II amends the Electronic and Postal Communications Act No.3 of 2010 (the EPOCA). Part III amends the Section 57 of Environmental Management Act No.20 of 2004 (the EMA) (Cap.191) by introducing an exemption to the prohibition of conducting human activities of a permanent nature or activities likely to compromise the conservation of oceans or natural lakes, rivers, water dams or reservoirs if such activities are carried out within 60 meters of the area. The condition is that the exemption has to be contained in an agreement that provides for a special arrangement approved by the Cabinet.
Part IV amends Sections 12 and 14 of the Fair Competition Act by extending to 5 years the period of exemption that can be granted by the Fair Competition Commission concerning agreements, provided that there is an agreement relating to the grant of exemption that provides for a special arrangement that has been approved by the Cabinet. As for Section 14, the amendment protects an agreement that provides for a special arrangement that is entered into to limit the restrictions on misuse of market power and procedures required for mergers and acquisitions.
Part V amends the Government Proceedings Act, (Cap. 5). Part VI amends the Insurance Act No.10 of 2009. Part VII amends the Local Government (District Authorities) Act, (Cap.287). Part VIII amends the Local Government Finances Act (Cap. 290). Part IX amends the Local Government (Urban Authorities) Act, (Cap.288). Parts X and XI amend, respectively, the Natural Wealth and Resources (Permanent Sovereignty) Act No.5 of 2017 and the Natural Wealth and Resources Contracts (Review and Re-Negotiation of Unconscionable Terms) Act No.6 of 2017 concerning the Application stating that the Acts do not apply where there is an agreement that provides for special arrangement relating to the transportation of natural resources that are not exploited in Mainland Tanzania and Zanzibar and such arrangement has been approved by the Cabinet.
Part XII amends Sections 140 and 141 of the Petroleum Act No.21 of 2015. The EWURA will no longer be able to exercise its powers to modify the terms and conditions of any agreement that provides a special arrangement to transport natural resources and where such arrangement has been approved by the Cabinet. As for Section 141, a licensee is required to renew his license at least two years before it expires. The amendment establishes that he license will continue to be in force until the grant or refusal of the application for renewal by EWURA.
Part XIII amends the Railways Act, (Cap.170). Part XIV amends the Roads Act, (Cap.167). And Part XV amends the Public Private Partnership Act, (Cap.103) and, again, concerns the Application stating that the Act does not apply where there is an agreement that provides for special arrangement relating to the transportation of natural resources that are not exploited in Mainland Tanzania and Zanzibar and such arrangement has been approved by the Cabinet.
Part II amends the Electronic and Postal Communications Act No.3 of 2010 (the EPOCA). Part III amends the Section 57 of Environmental Management Act No.20 of 2004 (the EMA) (Cap.191) by introducing an exemption to the prohibition of conducting human activities of a permanent nature or activities likely to compromise the conservation of oceans or natural lakes, rivers, water dams or reservoirs if such activities are carried out within 60 meters of the area. The condition is that the exemption has to be contained in an agreement that provides for a special arrangement approved by the Cabinet.
Part IV amends Sections 12 and 14 of the Fair Competition Act by extending to 5 years the period of exemption that can be granted by the Fair Competition Commission concerning agreements, provided that there is an agreement relating to the grant of exemption that provides for a special arrangement that has been approved by the Cabinet. As for Section 14, the amendment protects an agreement that provides for a special arrangement that is entered into to limit the restrictions on misuse of market power and procedures required for mergers and acquisitions.
Part V amends the Government Proceedings Act, (Cap. 5). Part VI amends the Insurance Act No.10 of 2009. Part VII amends the Local Government (District Authorities) Act, (Cap.287). Part VIII amends the Local Government Finances Act (Cap. 290). Part IX amends the Local Government (Urban Authorities) Act, (Cap.288). Parts X and XI amend, respectively, the Natural Wealth and Resources (Permanent Sovereignty) Act No.5 of 2017 and the Natural Wealth and Resources Contracts (Review and Re-Negotiation of Unconscionable Terms) Act No.6 of 2017 concerning the Application stating that the Acts do not apply where there is an agreement that provides for special arrangement relating to the transportation of natural resources that are not exploited in Mainland Tanzania and Zanzibar and such arrangement has been approved by the Cabinet.
Part XII amends Sections 140 and 141 of the Petroleum Act No.21 of 2015. The EWURA will no longer be able to exercise its powers to modify the terms and conditions of any agreement that provides a special arrangement to transport natural resources and where such arrangement has been approved by the Cabinet. As for Section 141, a licensee is required to renew his license at least two years before it expires. The amendment establishes that he license will continue to be in force until the grant or refusal of the application for renewal by EWURA.
Part XIII amends the Railways Act, (Cap.170). Part XIV amends the Roads Act, (Cap.167). And Part XV amends the Public Private Partnership Act, (Cap.103) and, again, concerns the Application stating that the Act does not apply where there is an agreement that provides for special arrangement relating to the transportation of natural resources that are not exploited in Mainland Tanzania and Zanzibar and such arrangement has been approved by the Cabinet.
Attached files
Web site
Date of text
Entry into force notes
This Act enters into force on 14 July 2021.
Repealed
No
Source language
English
Legislation Amendment
No
Amends