Petroleum (Exploration, Development and Production) Act (No. 3).
Country
Type of law
Legislation
Abstract
This Act provides rules relative to petroleum activities, including licensing, exploration, development, production and cessation of petroleum activities or decommissioning and seeks to establish an effective legal framework and institutional structures to ensure that the exploration, development and production of petroleum resources of Uganda is carried out in a sustainable manner that guarantees optimum benefits for all Ugandans, both the present and future generations and to ensure transparency and accountability in the conduct of all activities regulated under this Act. The Act also seeks to ensure public safety and protection of public health and the environment in petroleum activities.
A licensee and any other person who exercises or performs functions, duties or powers under this Act in relation to petroleum activities shall comply with environmental principles and safeguards prescribed by the National Environment Management Act and other applicable laws. Waste management licences shall be granted by the National Environment Management Authority (NEMA). A petroleum production licence shall require the licensee to carry out an environmental impact assessment.
The Act provides for restrictions of the rights of licensees in respect to land on which petroleum activities are carried out. A licensee shall not exercise any right under a licence - within fifty metres of any land which has been cleared or ploughed or otherwise bona fide prepared for the growing of agricultural crops or on which agricultural crops are growing; upon any land from which, during the year immediately preceding, agricultural crops have been reaped; or upon any land which is the site of or which is within one hundred metres of a cattle dip-tank, dam or water used by human beings or cattle. A land owner in an exploration or development area shall retain the right to graze stock upon or to cultivate the surface of the land insofar as the grazing or cultivation does not interfere with petroleum activities or safety zones in the area. The rights conferred by a licence shall be exercised reasonably so as to affect as little as possible the interests of any land owner of the land on which the rights are exercised; and petroleum activities shall be carried out in a proper manner. Subject to section 135 and to any law relating to acquisition of land, a holder of a petroleum production licence may, if he or she requires the exclusive use of the whole or any part of a block in a development area, obtain a lease of the land or other rights to use it upon such terms as to the rent to be paid for the land, the duration and extent or area of the land to which the lease or other right of the lease shall relate as may be agreed upon between the holder of a licence and the land owner. Development in a national park o wildlife reserve requires the authorization of the Uganda Wildlife Authority, whereas development in a forest reserve requires the authorization of the National Forestry Authority.
A licensee and any other person who exercises or performs functions, duties or powers under this Act in relation to petroleum activities shall comply with environmental principles and safeguards prescribed by the National Environment Management Act and other applicable laws. Waste management licences shall be granted by the National Environment Management Authority (NEMA). A petroleum production licence shall require the licensee to carry out an environmental impact assessment.
The Act provides for restrictions of the rights of licensees in respect to land on which petroleum activities are carried out. A licensee shall not exercise any right under a licence - within fifty metres of any land which has been cleared or ploughed or otherwise bona fide prepared for the growing of agricultural crops or on which agricultural crops are growing; upon any land from which, during the year immediately preceding, agricultural crops have been reaped; or upon any land which is the site of or which is within one hundred metres of a cattle dip-tank, dam or water used by human beings or cattle. A land owner in an exploration or development area shall retain the right to graze stock upon or to cultivate the surface of the land insofar as the grazing or cultivation does not interfere with petroleum activities or safety zones in the area. The rights conferred by a licence shall be exercised reasonably so as to affect as little as possible the interests of any land owner of the land on which the rights are exercised; and petroleum activities shall be carried out in a proper manner. Subject to section 135 and to any law relating to acquisition of land, a holder of a petroleum production licence may, if he or she requires the exclusive use of the whole or any part of a block in a development area, obtain a lease of the land or other rights to use it upon such terms as to the rent to be paid for the land, the duration and extent or area of the land to which the lease or other right of the lease shall relate as may be agreed upon between the holder of a licence and the land owner. Development in a national park o wildlife reserve requires the authorization of the Uganda Wildlife Authority, whereas development in a forest reserve requires the authorization of the National Forestry Authority.
Attached files
Web site
Long title of text
An Act to give effect to article 244 of the Constitution; to regulate petroleum exploration, development and production; to establish the Petroleum Authority of Uganda; to provide for the establishment of the National Oil Company; to regulate the licensing and participation of commercial entities in petroleum activities; to provide for an open, transparent and competitive process of licensing; to create a conducive environment for the promotion of exploration, development and production of Uganda's petroleum potential; to provide for efficient and safe petroleum activities; to provide for the cessation of petroleum activities and decommissioning of infrastructure; to provide for the payment arising from petroleum activities; to provide for the conditions for the restoration of derelict lands; to repeal the Petroleum (Exploration and Production) Act, Cap 150; and for related matters.
Date of text
Notes
Subject to the Constitution, the National Environment Act and the Access to Information Act, 2005, this Act shall take precedence over all existing Acts relating to petroleum activities in Uganda and where there is a conflict between the provisions of this Act and any other written law, the provisions of this Act shall prevail.
Repealed
No
Serial Imprint
Supplement to the Uganda Gazette No. 16 Volume CVI dated 4th April, 2013.
Source language
English
Legislation Amendment
No