GAZETTE NOTICE NO. 3555

PURSUANT to section 110 (3) of the Energy Act, 2006, the Energy Regulatory Commission hereby invites members of the public to submit written comments within forty (40) days from the date of publication of this notice to the Director General, the Energy Regulatory Commission, on the proposed Regulations in respect of the Petroleum downstream sub-sector which are set out in Part II hereunder. 2. Comments may be hand-delivered, posted, and facsimiled or e- mailed to the Energy Regulatory Commission. 3. Physical address: The Energy Regulatory Commission, First Floor, Eagle Africa Centre, Longonot Road, Upperhill, Nairobi. 4. Postal address: P.O. Box 42681–00100, Nairobi 5. Facsimile Number: +254 20 2717603 6. E-mail address: info@erc.go.ke PART II Appendix I THE ENERGY ACT, 2006 (No. 12 of 2006) IN EXERCISE of the powers conferred by section 102 of the Energy Act, 2006 the Minister for Energy makes the following regulations: The Energy (Licensing of Petroleum Businesses) Regulations, 2012. 1. These Regulations may be cited as the Energy (Licensing of Petroleum Businesses) Regulations, 2012. 2. In these Regulations, unless the context otherwise requires— "Act" means the Energy Act, 2006; 16th March, 2012 THE KENYA GAZETTE “Kenya Standard” means a specification or code of practice declared by the Council under section 9 of the Standards Act. “License” means any document or instrument in writing granted under the Act by the Commission to any person authorizing the importation, exportation, refining, transportation, storage, distribution and sale of petroleum. ‘‘Licensee’’ means any person holding a license granted by the Commission. “agent” means a person appointed in writing by the Commission to be a licensing agent for purpose of issuing licenses under the Act. “Local Authority” means a local authority as defined in the Local Government Act. “Modification” means any change in the facility that alters the existing design. ‘‘Open tendering system” means a system of competitive bidding which applies to the importation into Kenya of crude oil and petroleum products as prescribed by the Minister from time to time. “Petroleum logistics facility” means any facility that is or can be used to receive, store, load, offload or transport petroleum in bulk but does not include retail dispensing sites. “Petroleum business” means a concern carrying on the importation, exportation, refining, storage, transportation or sale of petroleum “Petroleum pipeline system” means a system of pipes that is used for transportation of petroleum in bulk over distance and any apparatus and works associated therewith. “Retail dispensing site” means premises where petroleum is stored in bulk in one or more tanks and dispensed to consumers for their own use and includes filling and service stations. 3. These regulations shall not apply to the Kenya Defence Forces. 4. (1) A person shall not construct or undertake modification of a petroleum pipeline, refinery, bulk storage facility or retail dispensing site except in accordance with the Act, these Regulations, and the terms and conditions of a valid construction permit issued by the Commission or its agents. (2) The Commission or any authorized person acting on its behalf may enter and inspect any premises or facility that the Commission believes is under construction for purposes of undertaking a petroleum business. (3) Where the Commission determines that a person is engaged in the construction for purposes of undertaking a petroleum business requiring a construction permit under these regulations and is not in possession of such permit it shall direct that person to cease the activity unless and until the requisite construction permit is obtained. 5. (1) A person who wishes to construct a petroleum pipeline, refinery, bulk storage facility or retail dispensing site shall make an application to the Commission or its agents for a construction permit in the form set out in Part 1 of Schedule A. (2). An application under paragraph (1) shall be accompanied by the documentation and information specified in Part 2 of Schedule A. (3) In evaluating an application for a construction permit, the Commission or its agents shall be satisfied that the applicant has complied with the Act and these Regulations, and that the information and documents submitted with the application form are true and correct. (4) The Commission or its agents may request additional information from an applicant that may be necessary to enable the Commission to make a decision regarding the issuing of the construction permit. (5) The Commission or its agents shall consider the application within forty five (45) days after receipt of an application for a construction permit which meets the requirements of the Act and these Regulations. (6) The construction permit issued under these regulations shall be in the form set out in Part 3 of Schedule A. (7) Where the Commission or its agents refuses to grant a construction permit, it will notify the applicant of such refusal specifying the reasons and shall deliver such notice to the applicant at the address provided to the Commission by the applicant. 6. (1) A construction permit ceases to be valid if— (a) The permit is suspended or revoked by the Commission for non compliance with any term or condition thereof within the prescribed period by notice in the Gazette; or (b) Execution of the works has not commenced at the expiry of twelve months from the date on which the construction permit was granted or the expiration of any extended period which the Commission may allow. (2)The Commission or its agents shall notify the holder of the construction permit of the Commission’s intention to suspend or revoke the construction permit at least twenty one days before the intended date of suspension or revocation, specifying the reasons. (3) The Commission or its agents may in writing reinstate a construction permit suspended or revoked if it is satisfied that the reasons for suspension or revocation no longer exist. 7. (1) A person shall not conduct any business of importation, refining, exportation, wholesale, retail, storage or transportation of petroleum except in accordance with the Act and terms and conditions of a valid petroleum business licence issued by the Commission or its agents. (2) Where the Commission or its agents determines that a person is engaged in a business of importation, refining, exportation, wholesale, retail, storage or transportation of petroleum requiring a petroleum business licence under these regulations and is not in possession of such licence it shall direct that person to cease such business until such time as the person obtains the required licence. (3)The Commission or its agents may issue separate or combined licences in respect of any of the activities prescribed in paragraph (1) above. 8. (1) A person who wishes to apply for a petroleum business licence or renewal shall make an application to the Commission or its agents in the form set out in Part 1 of Schedule B; (2) The application under paragraph (1) shall be accompanied by the documents and any additional information specified in Part 2 of Schedule B. 9. (1) In evaluating an application for a petroleum business licence, the Commission or its agents shall take account of the criteria in Part 3 of Schedule B and be satisfied that the applicant has complied with the Act, and the information and documents submitted with the application form are true and correct. (2) The Commission or its agents may request additional information from an applicant that may be necessary to enable the Commission to determine the application. (3) The Commission or its agents shall decide on an application within thirty (30) days after receipt of an application for a licence which meets the requirements of the Act and these Regulations (4) The licence issued under paragraph 9 shall be in the form set out in Part 4 of Schedule B. 10. (1) A petroleum business licence issued under the Act shall be valid for one year from the date of its issue and may be renewed in accordance with the provisions of the Act. (2) An application for renewal of a petroleum business licence shall be made to the Commission or its agents at least thirty (30) days before the expiry date. 11. (1) The Commission or its agents shall furnish all persons interested in filing applications for any of the licences prescribed under these Regulations with such information in the Commission’s or its agents possession as is necessary for the application. (2) Any discussions with, notifications or requests for information from the Commission or its agents shall not confer any right to any person to the grant of a license. 12. A petroleum business licensee shall: (a) Operate its petroleum business facilities in a manner prescribed by the Act and applicable regulations made under any other law; (b) Require that third parties, including any contracted petroleum road transportation licensee, using or servicing its facilities THE KENYA GAZETTE 16th March, 2012 874 874 comply with the Act and all applicable regulations made under any other law; (c) Maintain minimum operational stocks of petroleum as may be prescribed by regulations made under the Act; (d) Participate in the Open Tendering System to meet its petroleum requirements, in accordance with Regulations made under the Act; (e) Only use licensed petroleum logistics facilities for logistics services; (f) Refine petroleum at a licensed refinery as may be prescribed by the Minister from time to time. (g) Adhere to Kenya Standards for petroleum products; (h) Use petroleum road tankers that comply with Kenya Standards, have valid petroleum permits issued under the Act and comply with Regulations and use petroleum road tanker drivers who are certified for that purpose under the Act; (i) Purchase petroleum only from other petroleum business licensees or a licensed petroleum refinery, except in the case of importation of petroleum; (j) Sell petroleum in Kenya only to other petroleum business licensees, or end users for own consumption; (k) Not to discriminate between customers or classes of customers regarding access or conditions of service; (l) Submit information to the Commission as required under the Act and any Regulations made there under; (m) Inform the Commission or its agents in writing of any changes of directorship or address or telephone number or other material particulars submitted as part of the application for the license within thirty (30) days of the relevant change taking effect; and (n) At all times comply with the Act and these Regulations and carry out the legitimate instructions of the Commission or its agents. 14. (1) A petroleum business license, or a certified copy thereof, shall be displayed in a prominent position on the premises in respect on which it is issued. (2) Any license issued in terms of these Regulations: (a) remains the property of the Commission; (b) may be suspended, revoked or amended by the Commission at any time subject to compliance with the Act; (c) may not be tampered with or defaced in any manner; and (d) is not transferable without the written consent of the Commission. 15. The Commission or any authorized person acting on its behalf may enter and inspect any premises where petroleum business is conducted for the purposes of inspections or conducting investigations pursuant to the provisions of the Act or Regulations made under the Act. 16. (1) The Commission or its agent may at any time revoke or suspend any licence issued under these Regulations if the licensee commits any breach stipulated in Section 85 of the Act. (2) Unless otherwise specified in the license, the Commission or its agents may give the licensee fourteen (14) days to show cause why the license should not be suspended or revoked setting out the matters specified in the Act. (3)The Commission or its agents shall determine the matter within thirty (30) days from the expiry of the notice period. (4) Any suspension or revocation of licence shall not indemnify the licensee against any penalties for which the licensee may have become liable under the Act or these Regulations. (5) The suspension or revocation of the licence for contravention of its conditions is in addition to any other penalty which may be imposed under the Act or by any other written law. 17. (1) Subject to the provisions of the Act, any person aggrieved by a condition and/or term imposed in the licence may, in accordance with the Act, in writing apply to the Commission or licensing agent to amend such condition or term. (2) If such a person is not the licensee the Commission or its agents shall in writing inform the licensee within seven (7) days of receipt of the application and the Commission or its agents will determine the matter within thirty (30) days. (3) A licence amended under the Act and these regulations shall retain the existing expiry date. 18. (1) A person aggrieved by the decision of the Commission or its agents in refusing to renew, amend, replace, grant a license or impose conditions on a licence or in suspending or revoking a licence may appeal to the Tribunal within thirty (30) days of receipt by him of the written notification of such action. (2) A person aggrieved by the decision of a licensing agent in refusing to renew, amend, replace, grant a licence or impose conditions on a licence or in suspending or revoking a licence may appeal to the Commission within thirty (30) days of receipt by him of the written notification of such action. 19. Any person who contravenes any of these regulations commits an offence in accordance with the Act and shall on conviction be liable to a fine not exceeding one million shillings or to a maximum term of imprisonment of one year, or to both such fine and imprisonment. SCHEDULE A PART 1 APPLICATION FORM FOR A PETROLEUM INSTALLATION CONSTRUCTION PERMIT (A separate application form must be completed in respect of each separate installation) 1. Name of applicant/proponent: 2. Details of applicant/proponent: (a) Income Tax Personal Identification Number(s): (b) Postal address: (c) Email Address: (d) Site location: I Plot No.: II. Street/Market: III. Town/County: 3. Give full details of proprietors or partners owning business or directors/shareholders of the company, as the case may be: Name Nationality (Where applicable No. of shares held) _____________ _______________ ______________ _____________ _______________ ______________ _____________ _______________ ______________ (Any additional information should be submitted on a separate sheet of paper) 4. Give full details of directors of the company: Name Nationality Passport/ ID No. _____________ _______________ ______________ _____________ _______________ ______________ _____________ _______________ ______________ (Any additional information should be submitted on a separate sheet of paper) 5. Full description of the proposed petroleum facility: 16th March, 2012 THE KENYA GAZETTE 6. Specify the points between which the pipeline is to run (For Pipeline installations only): _______________________________________________________ 7. Specify the storage capacity of the facility: ____________________________________________________ ____________________________________________________ 8. Give details on equity capital including other sources of financing: ___________________________________________________ 9. Indicate bank references: ____________________________________________________ ____________________________________________________ 10. Conditions For Issuance Of A Construction Permit Compliance with: (a) Energy Act 2006. (b) Environmental Management and Co-ordination Act, 1999 and in particular the report of the Environmental (Impact Assessment and audit) Regulations, 2003. (c) Physical Planning Act, 1996. (d) Local Government Act. (e) Any other subsidiary legislation regulations from the above Acts. (f) DECLARATION i. I/We have read and understood the relevant sections of the Energy Act, No. 12 of 2006 and the related petroleum rules and regulations, and agree to abide with them. ii. I/We hereby certify that the information given above is to my/our knowledge true and accurate. iii. I/We understand that it is an offence to give false information in an application for a construction permit. iv. I/We hereby confirm that our Company/Business shall abide by the above terms and conditions with regard to construction of the petroleum installation. I also understand that the construction permit is subject to these conditions. Name of Company: ___________________________________ Name and ID No. of Person signing The Declaration: _________ Designation and telephone No.:___________________________ Signature & Stamp: ____________________________________ Date: ________________________________________________ Email address: ________________________________________ 11. FOR OFFICIAL USE ONLY 1. Date application received: 2. Date of review: 3. Decision: If application is deferred or rejected, date of letter advising applicant accordingly: 4. Permit details: No.: _________Date issued: ________ Expiry date:______ SCHEDULE A PART 2 INFORMATION AND DOCUMENTS TO ACCOMPANY APPLICATION FOR A CONSTRUCTION PERMIT Criteria REF PBSF PL RT Application form Yes Yes Yes Yes Three copies of approved plans and specifications Yes Yes Yes Yes Environmental Impact Assessment (EIA) Licence Yes Yes Yes Yes Certificate of compliance with Land Use Yes Yes Yes Yes KEY REF – Refinery. PBSF – Petroleum Bulk Storage Facility. RT – Retail Dispensing Site. PL – Pipeline. SCHEDULE A PART 3 PERMIT NO. ………… THE ENERGY ACT, 2006 PETROLEUM FACILITY CONSTRUCTION PERMIT Construction Permit is hereby granted to _______________________of P.O. Box _____________ to construct the following petroleum Facility (is): Construction of: 1. Petroleum Facility On premises situated at: Plot No. : ___________________________ Street/Market : ____________________________ Town/County :_____________________________ This Permit expires on : ___________________ Dated this: ________________________ Signature: ________________________ (SEAL) Director General Energy Regulatory Commission Conditions: 1. …………………………………………………………………….. 2. …………………………………………………………………….. 3. …………………………………………………………………….. 4. …………………………………………………………………….. SCHEDULE B: PART 1 THE ENERGY ACT, 2006 APPLICATION FORM FOR A PETROLEUM BUSINESS LICENCE (EXCEPT LPG) (A separate application form must be completed in respect of each separate business establishment) 1. Name of business/applicant: ___________________________ 2. Details of applicant: (a) Income Tax Personal Identification Number(s): ________ (b) Postal address: __________________________________ (c) Email Address : _________________________________ (d) Location of business premises: I Plot No.: ___________ Building Name: ___________ II Street/Market: ______________________________ III Town/District: _______________________________ 3. Give full details of proprietors or partners owning business or directors/shareholders of the company, as the case may be: Name Nationality (Where applicable No. of shares held) _____________ _______________ ______________ _____________ _______________ ______________ THE KENYA GAZETTE 16th March, 2012 876 876 (Any additional information should be submitted on a separate sheet of paper.) 4. Give full details of directors of the company: Name Nationality Passport/ ID No. _____________ _______________ ______________ _____________ _______________ ______________ _____________ _______________ ______________ (Any additional information should be submitted on a separate sheet of paper) 5. Full description of the business (es) for which the licence is required: _______________________________________________________ 6. (a) Indicate the number and date of issue of any licence previously held under the Act: (b) Indicate the period for which the licence is being applied (maximum is one year from the date of issue): _______________________________________________________ 7. State if you are or any of your partners/directors is an undischarged bankrupt (If so indicate the names): _______________________________________________________ 8. (a) Has any previous application for a licence been rejected under the Act? (If so, give details): _______________________________________________________ (b) Has any previous licence been cancelled under the Act? ____________________________________________________ 1. (a) Criteria to be met for new application and for renewal of a licence is attached at the back of the application form. (b) Certified copies (by advocate / commissioner of oaths) of documents as per criteria specified above should be submitted together with the licence application. 10. CONDITIONS FOR PETROLEUM BUSINESS LICENCE IN KENYA (a) Compliance with ENERGY ACT 2006 and any other subsidiary legislation regulation issued there under. (b) Environmental Management and Co-ordination Act, 1999 (c) Local Government Act. (d) Traffic Act (e) Relevant Kenya Standard on Petroleum Tankers (f) Any other subsidiary legislation regulations from the above Acts. DECLARATION i. I/We have read and understood the relevant sections of the Energy Act, No. 12 of 2006 and the related regulations issued therein, and agree to abide with them. ii. I/We hereby certify that the information given above is to my/our knowledge true and accurate. iii. I/We understand that it is an offence to give false information in an application for a licence. iv. I/We commit to conduct an honest petroleum business. Name of Company: ___________________________________ Name and ID of Person signing the Declaration: _____________ Designation and telephone No.: ___________________________ Signature & Stamp: ____________________________________ Date: ________________________________________________ Email address: ______________________________________ FOR OFFICIAL USE ONLY 1. Date application received: ___________ 2. Date of meeting of Petroleum Licensing Committee: 3. Decision of Petroleum Licensing Committee: Members present: Signature 1. ___ 2. _ 3. ____ 4. _____ 4. If application is deferred or rejected, date of letter advising applicant accordingly: ________________________________________________________ 5. Date of review of application: ___________ Decision of Committee: _____ Members present: Signature 1. 2. 3. 4. 6. Licence details: No.: _________ Date issued: _______Expiry date: ________ SCHEDULE B PART 2 THE ENERGY ACT, 2006 QUESTIONNAIRE TO BE FILLED BY NEW APPLICANTS FOR A PETROLEUM BUSINESS LICENCE (EXCEPT LPG) 1. Name of applicant: ___________________________________ 2. Nature of business (Sole Trader, Partnership, Private Company or Public Company):________________________________________ 3. Certificate of Incorporation/Registration Number and date: ____ (a) Country of Incorporation: _________________________ (b) Physical address: ________________________________ (c) Postal address: _________________________________ (d) Telephone/ fax: _____________________________ (e) Email address: __________________________________ 4. Give full details of proprietors or partners owning business or directors/shareholders of the company, as the case may be: Name Nationality (Where applicable No. of shares held) _____________ _______________ ______________ _____________ _______________ ______________ _____________ _______________ ______________ (Any additional information should be submitted on a separate sheet of paper) 5. Give full details of directors of the company: Name Nationality Passport/ ID No. _____________ _______________ ______________ _____________ _______________ ______________ _____________ _______________ ______________ (Any additional information should be submitted on a separate sheet of paper) 16th March, 2012 THE KENYA GAZETTE 6. Give details on equity capital including other sources of financing: ______________________________________________________ 7. Indicate bank references _______________________________ 8. Type of business required to be licensed (tick as appropriate): (i) Refining (ii) Importation (iii) Exportation (iv) Wholesale (v) Storage (vii) Specify any other ________________________________ 9. Indicate if you: (a) Own storage facilities (If so, give details including location and capacity): ____________________________________ (b) Have hospitality/rental arrangement (If so, give details including copies of any agreements): __________________ 10. Do you intend to market your product locally? _____________ If Yes, (c) Give the number and locations of Retails Outlets: _____________________________________ (b) Give the number and locations of Distribution Depots including their capacities: _____ (c) If neither (a) nor (b) is applicable, explain: ___________ (d) Give details on how you propose to maintain the approved quality of your product: ____________________________ 11. (a) Give details of measures you have taken/you propose to take to ensure that the product you handle does not endanger life or pollute the environment: ____________________________________ (a) Any additional information that the applicant wishes to give: _________________________________ (If space provided above is not adequate use plain paper where applicable and attach to this questionnaire) Name of Company: ___________________________________ Name and ID No. of Person signing the Declaration: ______________ Designation and telephone No.:___________________________ Signature & Stamp: ____________________________________ Date: ________________________________________________ SCHEDULE B PART 3 Criteria REF IMP EXP STO WH PL Application form Yes Yes Yes Yes Yes Yes Detailed Questionnaire Yes Yes Yes Yes Yes Yes Certified copy of Memo and Articles of association Yes Yes Yes Yes Yes Yes Certified copy of Certificate of Incorporation Yes Yes Yes Yes Yes Yes Certified copy of PIN registration certificate Yes Yes Yes Yes Yes Yes Certified copy of VAT registration certificate Yes Yes Yes Yes Yes Yes Certified copy of current Tax compliance Certificate Yes Yes yes yes Yes yes Identification documents for directors (ID/passport page 1 and 5) Yes Yes yes yes Yes yes Work permits for non-citizens / Entry permit class H Yes Yes yes yes Yes yes Certified copy of Lease agreement/Premises ownership Yes Yes Yes Yes Yes Yes Letter from OSMAG confirming membership Yes Yes Yes Signed KPRL Processing Agreement Yes Purchase of Minimum crude oil Yes Letter from MOE confirming applicant Signed OTS agreement for crude and refined products Yes Supply agreement with licensed importer or supplier /letter of intent Yes Yes EIA Licence (if new)/ EA if existing Yes Yes Certified copy of Certificate of Compliance with Physical Planning Act Yes Yes Certified copy of Clearance Certificate form Chief Fire Officer Yes Yes Detailed approved drawings drawn to scale Yes Yes Certified copy of DOSHS certificate of registration Yes Yes LICENCE EVALUATION CRITERIA FOR NEW PETROLEUM BUSINESSES (EXCEPT LPG) LICENCE EVALUATION CRITERIA FOR RENEWAL OF PETROLEUM BUSINESSES (EXCEPT LPG) Criteria REF IMP EXP STO WH PL Application form Yes Yes Yes Yes Yes Yes Copy of previous licence Yes Yes Yes Yes Yes Yes Proof that expired licence was utilised Yes Yes Yes Yes Yes Yes Certified copy of Current Tax compliance certificate Yes Yes yes yes Yes yes Proof of active OSMAG membership – OSMAG letter Yes Yes Yes Proof of crude processing - KPRL letter Yes EA acknowledgement letter from NEMA Yes Yes Certified copy of Clearance certificate form chief fire officer Yes Yes Certified copy of DOHSS certificate of registration Yes Yes KEY REF – Refining IMP – Import EXP – Export STO – Storage & Loading WH – Wholesale PL – Pipeline, THE KENYA GAZETTE 16th March, 2012 878 878 SCHEDULE B PART 4 THE ENERGY ACT, 2006 PETROLEUM BUSINESS LICENCE No. ERC/PET/ _______________ Licence is hereby granted to ____________________________of P.O. Box _____________ to carry on the following petroleum businesses: LICENCE NAME (EXCEPT LPG) On premises situated at: Plot No. : ___________________________ Building : ___________________________ Street/Market : ___________________________ Town/District : ___________________________ This licence expires on: __________________________ Dated this: ________________________________ Signature _________________________________ (SEAL) Director General Energy Regulatory Commission Appendix II THE ENERGY ACT, 2006 (No. 12 of 2006) IN EXERCISE of the powers conferred by section 102 of the Energy Act, 2006 the Minister for Energy makes the following regulations: The Energy (Licensing of Petroleum Retail Businesses) Regulations, 1. These Regulations may be cited as the Energy (Licensing of Petroleum Retail Businesses), Regulations, 2012. 2. In these Regulations, unless the context otherwise requires- “Act” means the Energy Act, 2006; “Commission” means the Energy Regulatory Commission established by the Act. “Kenya Standard” means a specification or code of practice declared by the Council under section 9 of the Standards Act. “Licence” means any document or instrument in writing granted under this Act by the Commission to any person authorizing the importation, exportation, refining, transportation, storage, distribution and sale of petroleum. ‘‘Licensee’’ means any person holding a licence granted by the Commission. “Agent” means a person appointed in writing by the Commission to perform any of its functions. “Modification” means any change in the facility that alters the existing design. “Person” means any public or local authority, company, person or body of persons; “Retail dispensing site” means premises where petroleum is stored in bulk in one or more tanks and dispensed to consumers for their own use and includes filling and service stations. “Specifications” has the meaning assigned to it in section 2 of the Standards Act. “Tribunal” means the Energy Tribunal set up under section 108 of the Act. 3. These regulations shall not apply to the Kenya Defence Forces. 4. (1). A person shall not construct or undertake modification of a petroleum retail dispensing site except in accordance with the Act, these Regulations and the terms and conditions of a valid petroleum retail dispensing site construction permit issued by the Commission or its agents. (2) The Commission or any authorized person acting on its behalf may enter and inspect any premises or facility that the Commission believes is under construction as a petroleum retail dispensing site. (3) Where the Commission or its agents determines that a person is engaged in the construction of a petroleum retail dispensing site requiring a construction permit under these regulations and is not in possession of such permit it shall direct that person to cease the construction unless and until the requisite construction permit is obtained. 5(1) A person who wishes to construct a petroleum retail dispensing site shall make an application to the Commission or its agents for a construction permit in the form set out in Part 1 of Schedule A. (2) The application for a petroleum retail dispensing site construction permit shall be accompanied by the documentation and information set out in Part 2 of Schedule A. (3) The petroleum retail dispensing site construction permit issued under these Regulations shall be in the form set out in Part 3 of Schedule A. 6. (1) In evaluating an application for a petroleum retail dispensing site construction permit, the Commission or its agents shall be satisfied that the applicant has complied with the Act, these Regulations and that the information and documents submitted with the application form are true and correct. (2) The Commission or its agents may request additional information from an applicant that may be necessary to enable the Commission to make a decision regarding the issuing of the petroleum retail dispensing site construction permit. (3) The Commission or its agents shall consider the application within forty five (45) days after receipt of an application for petroleum retail dispensing site construction permit which meets the requirements of the Act and these Regulations 7. (1) A person shall not conduct any petroleum retail dispensing site business except in accordance with the requirements of the Act and the terms and conditions of a valid petroleum retail business licence issued by the Commission or its agents. (2) Where the Commission or its agents determines that a person is engaged in an activity requiring a petroleum retail business licence and is not in possession of such licence it shall direct that person to cease the activity unless and until the requisite permit or licence is obtained. 8(1) A person who wishes to apply for a petroleum retail business licence or renewal shall make an application to the Commission or its agents in the form set out in Part 1 of Schedule B; (2) The application under paragraph (1) shall be accompanied by the documents and any additional information specified in Part 2 of Schedule B. 9. The petroleum retail business licence issued under Regulation 11 above shall be in the form set out in Part 4 of Schedule B. 10. (1) The Commission or its agents shall furnish all persons interested in applying for any of the licence prescribed under these Regulations with the relevant and necessary information in the Commission’s or its agent’s possession: (2) Any discussions with, notifications or requests for information from the Commission or its agents shall not confer any right to any person to the grant of a licence. 11. (1) In evaluating an application for a petroleum retail business licence, the Commission or its agents shall take account of the criteria in Part 3 of Schedule B and be satisfied that the applicant has complied with the Act and the information and documents submitted with the application form are true and correct. (2) The Commission or its agents may request additional information from an applicant that may be necessary to enable the Commission determine the application. 16th March, 2012 THE KENYA GAZETTE (3) The Commission or its agents shall decide on an application within thirty (30) days after receipt of an application for a licence which meets the requirements of the Act and these Regulations. 12. (1) A petroleum retail business licence shall be valid for one year from the date of its issue and may be renewed in accordance with the Act. (2) An application for renewal of a petroleum retail business licence shall be made to the Commission or its agents at least thirty (30) days before the expiry date 13. As general conditions of its licence, a petroleum retail business licensee shall: (a) Only retail petroleum at the site specified on the petroleum retail business licence; (b) Purchase petroleum or petroleum products only from a holder of a valid petroleum business licence; (c) Only purchase or sell petroleum that meets the Kenya Standard; (d) Ensure that the operations at the petroleum retail dispensing site comply with the Energy Act, Physical Planning Act, Standards Act, Local Government Act, Environmental Management and Co-ordination Act, Occupational Safety and Health Act, Weights and Measures Act, Traffic Act, Custom and Excise Act and any other written law. (e) At all times comply with the Act and these Regulations and carry out the legitimate instructions of the Commission; (f) Inform the Commission or its agents in writing of any changes of address or telephone number or other material particulars submitted as part of the application for the licence within thirty (30) days of the relevant change taking effect; and (g). Submit information to the Commission or its agents as required under the Act and any regulations made there under. 14. (1) A construction permit or petroleum retail business licence, or a certified copy thereof, shall be displayed in a prominent position on the premises in respect on which it is issued. (2) Any licence issued in terms of these Regulations: (a) remains the property of the Commission; may be modified, suspended, revoked or amended at any time as provided under the Act; (b) may not be tampered with or defaced in any manner; and (c) is not transferable without the written consent of the Commission. 15. The Commission or any authorized person acting on its behalf may enter and inspect any petroleum retail dispensing site and/or any premises where petroleum retail business is conducted for the purposes of inspections or conducting investigations pursuant to the provisions of the Act. 16. (1) Subject to the provisions of the Act, any person aggrieved by a condition and/or term imposed in the licence may, in accordance with the provisions of section 83 of the Act, in writing apply to the Commission or its agents to amend such condition or term. (2) If such a person is not the licensee the Commission or its agents shall in writing inform the licensee within seven (7) days of receipt of the application and the Commission will determine the matter within thirty (30) days. (3) A licence amended under the Act and these regulations shall retain the existing expiry date. 17.(1) The Commission or a lits agents may at any time revoke or suspend any licence issued under these Regulations if the licensee commits any breach stipulated in Section 85 of the Act (2) Unless otherwise specified in the licence, the Commission or its agent may give the licensee fourteen (14) days to show cause why the licence should not be suspension or revocation setting out the matters specified in the Act. (3)The Commission or its agent shall determine the matter within thirty (30) days from the expiry of the notice period. (4) Any suspension or revocation of licence shall not indemnify the licensee against any penalties for which the licensee may have become liable under the Act or these Regulations; and (5) The power to suspend or revoke the licence for contravention of its conditions is in addition to any other penalty which may be imposed under the Act or by any other written law. 18. (1) Any person aggrieved by the decision of the Commission in refusing to renew, amend, replace, grant a licence or impose conditions on a licence or in suspension of revocation of a licence may appeal to the Tribunal within thirty (30) days of receipt by him of the written notification of such action. (2) A person aggrieved by the decision of the commission agent in refusing to renew, amend, replace, grant a licence or impose conditions on a licence or in suspension or revocation of a licence may appeal to the Commission within thirty (30) days of receipt by him of the written notification of such action. 19. Any person who contravenes the provisions of these regulations commits an offence in accordance with the Act and shall on conviction be liable to a fine not exceeding one million shillings or to a maximum term of imprisonment of one year, or both such fine and imprisonment. SCHEDULE A PART 1 THE ENERGY ACT, 2006 APPLICATION FORM FOR A PETROLEUM INSTALLATION CONSTRUCTION PERMIT (A separate application form must be completed in respect of each separate installation) 1. Name of applicant/proponent: ___________________________ 2. Details of applicant/proponent: __________________________ (a) Income Tax Personal Identification Number(s): ____ (b) Postal address: ______________________________ (c) Email Address : _____________________________ (d) Site location : I. Plot No.: __________________________ II. Street/Market: _____________________ III. Town/County: ______________________ 3. Give full details of proprietors or partners owning business or directors/shareholders of the company, as the case may be: Name Nationality (Where applicabl (No. of shares held) _____________ _______________ ___________ _____________ _______________ ___________ _____________ _______________ ___________ (Any additional information should be submitted on a separate sheet of paper) 4. Give full details of directors of the company: Name Nationality Passport/ ID No. _____________ _______________ ___________ _____________ _______________ ___________ _____________ _______________ ___________ (Any additional information should be submitted on a separate sheet of paper) 5. Full description of the proposed petroleum facility: _______________________________________________________ _______________________________________________________ _______________________________________________________ 6. Specify the points between which the pipeline is to run (For Pipeline installations only): _______________________________________________________ THE KENYA GAZETTE 16th March, 2012 880 880 7. Specify the storage capacity of the facility: _______________________________________________________ _______________________________________________________ _______________________________________________________ 8. Give details on equity capital including other sources of financing: _______________________________________________________ 9. Indicate bank references: _______________________________________________________ _______________________________________________________ _______________________________________________________ 10. CONDITIONS FOR ISSUANCE OF A CONSTRUCTION PERMIT Compliance with: (a) ENERGY ACT 2006. (b) Environmental Management and Co-ordination Act, 1999 and in particular the report of the Environmental (Impact Assessment and audit) Regulations, 2003. (c) Physical Planning Act, 1996. (d) Local Government Act. (e) Any other subsidiary legislation regulations from the above Acts. 11. DECLARATION i. I/We have read and understood the relevant sections of the Energy Act, No. 12 of 2006 and the related petroleum rules and regulations, and agree to abide with them. ii. I/We hereby certify that the information given above is to my/our knowledge true and accurate. iii. I/We understand that it is an offence to give false information in an application for a construction permit. iv. I/We hereby confirm that our Company/Business shall abide by the above terms and conditions with regard to construction of the petroleum installation. I also understand that the construction permit is subject to these conditions. Name of Company: ___________________________ Name and ID No. of Person signing The Declaration: _______ _________________________________________________ Designation and telephone No.:_________________________ Signature & Stamp: __________________________________ Date: _____________________________________________ Email address: _____________________________ 12. FOR OFFICIAL USE ONLY 1. Date application received: 2. Date of review: 3. Decision: 4. If application is deferred or rejected, date of letter advising applicant accordingly: 5. Permit details: No.: _________Date issued: ________Expiry date: __________ SCHEDULE A PART 2 INFORMATION AND DOCUMENTS TO ACCOMPANY APPLICATION FOR A CONSTRUCTION PERMIT Criteria REF PBSF PL RT Application form Yes Yes Yes Yes Three copies of approved plans and specifications Yes Yes Yes Yes Environmental Impact Assessment (EIA) Licence Yes Yes Yes Yes Certificate of compliance with Land Use Yes Yes Yes Yes KEY REF – Refinery. PBSF – Petroleum Bulk Storage Facility. RT – Retail Dispensing Site. PL – Pipeline. SCHEDULE A PART 3 PERMIT NO. ………………… THE ENERGY ACT, 2006 PETROLEUM FACILITY CONSTRUCTION PERMIT Construction Permit is hereby granted to _______________________of P.O. Box _____________ to construct the following petroleum Facility (is): CONSTRUCTION OF: 1. PETROLEUM FACILITY On premises situated at: Plot No. : ___________________ Street/Market : ____________________ Town/County : ____________________ This Permit expires on : ___________________________ Dated this: ________________________ Signature: ________________________ (SEAL) Director General Energy Regulatory Commission Conditions: 1. …………………………………………………………………… 2. …………………………………………………………………… 3. …………………………………………………………………… 4. …………………………………………………………………… SCHEDULE B PART 1 THE ENERGY ACT, 2006 APPLICATION FORM FOR A PETROLEUM BUSINESS LICENCE (EXCEPT LPG) (A separate application form must be completed in respect of each separate business establishment) 1. Name of business/applicant: ___________________________ 2. Details of applicant: 16th March, 2012 THE KENYA GAZETTE (a) Income Tax Personal Identification Number(s): ____ (b) Postal address: ______________________________ (c) Email Address : _____________________________ (d) Location of business premises: I. Plot No.: ___________ Building Name: _______ II. Street/Market: ___________________________ III. Town/District: ___________________________ 3. Give full details of proprietors or partners owning business or directors/shareholders of the company, as the case may be: Name Nationality (Where applicable No. of shares held) _____________ _______________ ___________ _____________ _______________ ___________ _____________ _______________ ___________ (Any additional information should be submitted on a separate sheet of paper.) 4. Give full details of directors of the company: Name Nationality Passport/ ID No. _____________ _______________ ___________ _____________ _______________ ___________ _____________ _______________ ___________ (Any additional information should be submitted on a separate sheet of paper) 5. Full description of the business (es) for which the licence is required: ___________________________________________________ ___________________________________________________ ___________________________________________________ 6. (a) Indicate the number and date of issue of any licence previously held under the Act: ___________________________________________________ (b) Indicate the period for which the licence is being applied (maximum is one year from the date of issue): _______________________________________________________ 7. State if you are or any of your partners/directors is an undischarged bankrupt (If so indicate the names): _____________________________________________ 8. (a) Has any previous application for a licence been rejected under the Act? (If so, give details): _____________________________________________ (b) Has any previous licence been cancelled under the Act? _____________________________________________ 9. (a) Criteria to be met for new application and for renewal of a licence is attached at the back of the application form. (b) Certified copies (by advocate / commissioner of oaths) of documents as per criteria specified above should be submitted together with the licence application. 10. CONDITIONS FOR PETROLEUM BUSINESS LICENCE IN KENYA (a) Compliance with ENERGY ACT 2006 and any other subsidiary legislation regulation issued there under. (b) Environmental Management and Co-ordination Act, 1999 (c) Local Government Act. (d) Traffic Act (e) Relevant Kenya Standard on Petroleum Tankers (f) Any other subsidiary legislation regulations from the above Acts. DECLARATION i. I/We have read and understood the relevant sections of the Energy Act, No. 12 of 2006 and the related regulations issued therein, and agree to abide with them. ii. I/We hereby certify that the information given above is to my/our knowledge true and accurate. iii. I/We understand that it is an offence to give false information in an application for a licence. iv. I/We commit to conduct an honest petroleum business. Name of Company: ______________________________ Name and ID of Person signing the Declaration: ________ Designation and telephone No.: _____________________ Signature & Stamp: _______________________________ Date: __________________________________________ Email address: _____________________________ FOR OFFICIAL USE ONLY 1. Date application received: 2. Date of meeting of Petroleum Licensing Committee: _ 3. Decision of Petroleum Licensing Committee: Members present: Signature 1. 2. 3. 4. 4. If application is deferred or rejected, date of letter advising applicant accordingly: ______________________________ 5. Date of review of application: Decision of Committee: Members present: Signature 1. ___________ - ____ 2. ____ 3. _____________ 4. ____ 6. Licence details: No.: _________ Date issued: ___________ Expiry date: ______ SCHEDULE B PART 2 QUESTIONNAIRE TO BE FILLED BY NEW APPLICANTS FOR A PETROLEUM BUSINESS LICENCE (EXCEPT LPG) 1. Name of applicant: ___________________________________ 2. Nature of business (Sole Trader, Partnership, Private Company or Public Company):___________________________________ 3. Certificate of Incorporation/Registration Number and date: ____ (a) Country of Incorporation: _________________________ (b) Physical address: ________________________________ (c) Postal address: _________________________________ (d) Telephone/ fax: _____________________________ (e) Email address: __________________________________ THE KENYA GAZETTE 16th March, 2012 882 882 4. Give full details of proprietors or partners owning business or directors/shareholders of the company, as the case may be: Name Nationality (Where applicable No. of shares held) _____________ _______________ ___________ _____________ _______________ ___________ _____________ _______________ ___________ (Any additional information should be submitted on a separate sheet of paper) 5. Give full details of directors of the company: Name Nationality Passport/ ID No. _____________ _______________ ___________ _____________ _______________ ___________ _____________ _______________ ___________ (Any additional information should be submitted on a separate sheet of paper) 6. Give details on equity capital including other sources of financing: ___________________________________________________ 7. Indicate bank references _______________________________ 8. Type of business required to be licensed (tick as appropriate): (i) Refining (ii) Importation (iii) Exportation (iv) Wholesale (w) Storage (vii) Specify any other ________________________________ 9. Indicate if you: (a) Own storage facilities (If so, give details including location and capacity): ___________________________________ (b) Have hospitality/rental arrangement (If so, give details including copies of any agreements): ____________________ 10. Do you intend to market your product locally? ______________ If Yes, (a) Give the number and locations of Retails Outlets: _____________________________________________ (b) Give the number and locations of Distribution Depots including their capacities: __________________________ (c) If neither (a) nor (b) is applicable, explain: _________________ (d) Give details on how you propose to maintain the approved quality of your product: ___________________________ 11. (a) Give details of measures you have taken/you propose to take to ensure that the product you handle does not endanger life or pollute the environment: ______________ (b) Any additional information that the applicant wishes to give: __________________________________________ (If space provided above is not adequate use plain paper where applicable and attach to this questionnaire) Name of Company: ______________________________ Name and ID No. of Person signing the Declaration: ______________ Designation and telephone No.:______________________ Signature & Stamp: _______________________________ Date: __________________________________________ SCHEDULE B PART 3 Criteria REF IMP EXP STO WH PL Application form Yes Yes Yes Yes Yes Yes Detailed Questionnaire Yes Yes Yes Yes Yes Yes Certified copy of Memo and Articles of association Yes Yes Yes Yes Yes Yes Certified copy of Certificate of Incorporation Yes Yes Yes Yes Yes Yes Certified copy of PIN registration certificate Yes Yes Yes Yes Yes Yes Certified copy of VAT registration certificate Yes Yes Yes Yes Yes Yes Certified copy of current Tax compliance Certificate Yes Yes yes yes Yes yes Identification documents for directors (ID/passport page 1 and 5) Yes Yes yes yes Yes yes Work permits for non-citizens / Entry permit class H Yes Yes yes yes Yes yes Certified copy of Lease agreement/Premises ownership Yes Yes Yes Yes Yes Yes Letter from OSMAG confirming membership Yes Yes Yes Signed KPRL Processing Agreement Yes Purchase of Minimum crude oil Yes Letter from MOE confirming applicant Signed OTS agreement for crude and refined products Yes Supply agreement with licensed importer or supplier /letter of intent Yes Yes EIA Licence (if new)/ EA if existing Yes Yes Certified copy of Certificate of Compliance with Physical Planning Act Yes Yes Certified copy of Clearance Certificate form Chief Fire Officer Yes Yes Detailed approved drawings drawn to scale Yes Yes Certified copy of DOSHS certificate of registration Yes Yes LICENCE EVALUATION CRITERIA FOR NEW PETROLEUM BUSINESSES (EXCEPT LPG) LICENCE EVALUATION CRITERIA FOR RENEWAL OF PETROLEUM BUSINESSES (EXCEPT LPG) Criteria REF IMP EXP STO WH PL Application form Yes Yes Yes Yes Yes Yes Copy of previous licence Yes Yes Yes Yes Yes Yes Proof that expired licence was utilised Yes Yes Yes Yes Yes Yes Certified copy of Current Tax compliance certificate Yes Yes yes yes Yes yes 16th March, 2012 THE KENYA GAZETTE Proof of active OSMAG membership – OSMAG letter Yes Yes Yes Proof of crude processing - KPRL letter Yes EA acknowledgement letter from NEMA Yes Yes Certified copy of Clearance certificate form chief fire officer Yes Yes Certified copy of DOHSS certificate of registration Yes Yes KEY REF – Refining IMP – Import EXP – Export STO – Storage & Loading WH – Wholesale PL – Pipeline, SCHEDULE B PART 4 THE ENERGY ACT, 2006 PETROLEUM BUSINESS LICENCE No. ERC/PET/ _______________ Licence is hereby granted to ____________________________of P.O. Box _____________ to carry on the following petroleum businesses: LICENCE NAME (EXCEPT LPG) On premises situated at: Plot No. : ___________________________ Building : ___________________________ Street/Market : ___________________________ Town/District : ___________________________ This licence expires on : ___________________________ Dated this: ________________________________ Signature _________________________________ (SEAL) Director General Energy Regulatory Commission Appendix III THE ENERGY ACT, 2006 (No. 12 of 2006) IN EXERCISE of the powers conferred by section 102 of the Energy Act, 2006 the Minister for Energy makes the following regulations: The Energy (Licensing Of Petroleum Refining Businesses) Regulations, 2012 1. These Regulations may be cited as the Energy (Licensing of Petroleum Refining Businesses) Regulations, 2012. 2. In these Regulations, unless the context otherwise requires- “Act” means the Energy Act, 2006; “Commission” means the Energy Regulatory Commission established by the Act. ‘Crude oil’’ means natural mineral oil, including condensate, but excluding petroleum products. “Kenya Standard” means a specification or code of practice declared by the Council under section 9 of the Standards Act “Licence” means any document or instrument in writing granted under this Act by the Commission to any person authorizing the importation, exportation, refining, transportation, storage, distribution and sale of petroleum. ‘‘Licensee’’ means any person holding the Petroleum Refining Business licence granted by the Commission. ‘‘Minister’’ means the minister for the time being responsible for energy. “Modification” means any change in the facility that alters the existing design. “Tribunal” means the Energy Tribunal set up under section 108 of the Act. 3. These regulations shall not apply to the Kenya Defence Forces. 4. (1) A person shall not construct or undertake modification of a petroleum refinery except in accordance with the Act, and the terms and conditions of a valid construction permit issued under the Act. (2) The Commission or any authorized person acting on its behalf may enter and inspect any premises or facility that the Commission believes is under construction or modification for use as a petroleum refinery. (3) Where the Commission or its agents determines that a person is engaged in the construction or modification of a petroleum refinery requiring a construction permit and is not in possession of such construction permit it shall direct that person to cease the construction or modification unless and until the requisite permit is obtained. 5 (1) A person who wishes to construct a petroleum refinery or undertake any modification of an existing petroleum refinery shall make an application to the Commission or its agents for a construction permit in the form set out in Part 1 of Schedule A. (2) The application for a construction permit shall be accompanied by the documentation and information set out in Part 2 of Schedule A. (3) The construction permit issued under these regulations shall be in the form set out in Part 3 of Schedule A. 6. (1) In evaluating an application for a petroleum refinery construction permit, the Commission or its agents shall be satisfied that the applicant has complied with the Act, these Regulations and that the information and documents submitted with the application form are true and correct. (2) The Commission or its agents may request additional information from an applicant that may be necessary to enable the Commission to make a decision regarding the issuing of the petroleum refinery construction permit. (3) The Commission or its agents shall consider the application within forty five (45) days after receipt of an application for petroleum refinery construction permit which meets the requirements of the Act and these Regulations 7. (1). A person shall not engage in a petroleum refining business except in accordance with the Act and conditions of a valid licence issued by the Commission or its agents. (2) Where the Commission or its agents determines that a person is engaged in a petroleum refining business and is not in possession of a license it shall direct that person to cease the activity unless and until the requisite petroleum refining business license is obtained. 8. (1) A person who wishes to engage in a petroleum refining business shall make an application for licence to the commission or its agents in the form set out in Part 1 of Schedule B . (2) The application under paragraph (1) shall be accompanied by the documents and any additional information specified in Part 2 of Schedule B. 9. (1) In evaluating an application for a petroleum refining business licence, the Commission or its agents shall take account of the criteria in Part 3 of Schedule B and be satisfied that the applicant has complied with the Act and the information and documents submitted with the application form are true and correct. (2) The Commission or its agents may request additional information from an applicant that may be necessary to enable it to make a decision regarding the issuance of the licence. (3) The Commission or its agents shall consider the application within thirty (30) days after receipt of an application which meets the requirements of the Act. THE KENYA GAZETTE 16th March, 2012 884 884 10. The petroleum refining licence issued under these regulations shall be in the form set out in Part 4 of Schedule B. 11. (1) A petroleum refining business licence shall be valid for one year from the date of its issue and may be renewed in accordance with the Act. (2) An application for renewal of petroleum refining business licence shall be made to the Commission or its agents at least thirty (30) days before the expiry 12. A petroleum refining business licensee shall be subject to the following obligations: (a) Maintain minimum stocks of crude oil as may be prescribed by regulations under the Act; (b) Make petroleum products that meet Kenya standards if they are to be consumed in the domestic market; (c) Operate and maintain the petroleum refinery in accordance with the requirements of the Energy Act, Physical Planning Act, Standards Act, Local Government Act, Environmental Management and Co-ordination Act, Occupational Safety and Health Act, Weights and Measures Act and any other written law; (d) At all times comply with the Act, these Regulations and carry out the legitimate instructions of the Commission or its agents; (e) For petroleum products intended for domestic consumption deal only with persons in possession of a valid petroleum business licence; (f) Inform the Commission or its agents in writing of any changes of directorship or address or telephone number or other material particulars submitted as part of the application for the licence within thirty (30) days of the relevant change taking effect; and (g) Submit information to the Commission or its agents as required under the Act and any regulations made there under. 13. (1) A construction permit or petroleum refining business licence, or a certified copy thereof, shall be displayed in a prominent position on the premises in respect on which it is issued. (2) Any licence issued in terms of these Regulations: (a) remains the property of the Commission; (b) may be modified, suspended, revoked or amended at any time as provided under the Act; (c) may not be tampered with or defaced in any manner; and (d) is not transferable without the written consent of the Commission. 14. The Commission or any authorized person acting on its behalf may enter and inspect any premises where petroleum refining business is conducted for the purposes of inspections or conducting investigations pursuant to the provisions of the Act or Regulations made under the Act. 15. (1) Any person aggrieved by a condition or term imposed in the licence by the Commission or its agents under these Regulations may in accordance with the Act, apply in writing to the Commission to amend such condition and/or term. (2) If the aggrieved person is not the licensee the Commission shall inform the licensee within seven (7) days of receipt of the application and the Commission or its agents will determine the matter within thirty (30) days. (3)A licence amended under the Act and these regulations shall retain the existing expiry date. 16. (1) The Commission or a its agents may at any time suspend or revoke any licence issued under this Regulation if the licensee commits any breach stipulated in the Act. (2)A petroleum refining business licence shall cease to be valid if the licence is suspended or revoked by the Commission or its agents. (3) The Commission or its agents shall give the licensee fourteen (14) days to show cause why the licence should not be revoked. (4)The Commission or its agent shall determine the matter within thirty (30) days from the expiry of the notice period. (5). The power to suspend or revoke the licence for contravention of its conditions is in addition to any other penalty which may be imposed under the Act or by any other law. 17. (1) A person aggrieved by the decision of the Commission in refusing to renew, amend, replace, grant a licence or impose conditions on a licence or in revoking a licence may appeal to the Tribunal within thirty (30) days of receipt by him of the written notification of such action. (2) A person aggrieved by the decision of the commission’s agents in refusing to renew, amend, replace, grant a licence or impose conditions on a licence or in revoking a licence may appeal to the Commission within thirty (30) days of receipt by him of the written notification of such action. 18. Any person who contravenes any of the above regulations commits an offence in accordance with the Act and shall on conviction be liable to a fine not exceeding one million shillings or to a maximum term of imprisonment of one year, or both such fine and imprisonment. SCHEDULE A PART 1 THE ENERGY ACT, 2006 APPLICATION FORM FOR A PETROLEUM INSTALLATION CONSTRUCTION PERMIT (A separate application form must be completed in respect of each separate installation) 1. Name of applicant/proponent: ___________________________ 2. Details of applicant/proponent: ______________________ (a) Income Tax Personal Identification Number(s): ____ (b) Postal address: ______________________________ (c) Email Address : _____________________________ (d) Site location : I. Plot No.: ______________________________ II. Street/Market: __________________________ III. Town/County: __________________________ 3. Give full details of proprietors or partners owning business or directors/shareholders of the company, as the case may be: Name Nationality (Where applicable No. of shares held) _____________ _______________ ___________ _____________ _______________ ___________ _____________ _______________ ___________ (Any additional information should be submitted on a separate sheet of paper) 4. Give full details of directors of the company: Name Nationality Passport/ ID No. ____________ ______________ ______________ _____________ ______________ ______________ _____________ _____________ ______________ (Any additional information should be submitted on a separate sheet of paper) 5. Full description of the proposed petroleum facility: _______________________________________________________ _______________________________________________________ _______________________________________________________ 6. Specify the points between which the pipeline is to run (For Pipeline installations only): 7. Specify the storage capacity of the facility: _______________________________________________________ _______________________________________________________ _______________________________________________________ 8. Give details on equity capital including other sources of financing: 9. Indicate bank references: 16th March, 2012 THE KENYA GAZETTE _______________________________________________________ _______________________________________________________ _______________________________________________________ 10. CONDITIONS FOR ISSUANCE OF A CONSTRUCTION PERMIT Compliance with: (a) ENERGY ACT 2006. (b) Environmental Management and Co-ordination Act, 1999 and in particular the report of the Environmental (Impact Assessment and audit) Regulations, 2003. (c) Physical Planning Act, 1996. (d) Local Government Act. (e) Any other subsidiary legislation regulations from the above Acts. 11. DECLARATION i. I/We have read and understood the relevant sections of the Energy Act, No. 12 of 2006 and the related petroleum rules and regulations, and agree to abide with them. ii. I/We hereby certify that the information given above is to my/our knowledge true and accurate. iii. I/We understand that it is an offence to give false information in an application for a construction permit. iv. I/We hereby confirm that our Company/Business shall abide by the above terms and conditions with regard to construction of the petroleum installation. I also understand that the construction permit is subject to these conditions. Name of Company: _____________________________ Name and ID No. of Person signing The Declaration: _________ Designation and telephone No.:______________________ Signature & Stamp:________________________________________ Date: ___________________________________________________ Email address:____________________________________________ 12. FOR OFFICIAL USE ONLY i. Date application received: ii. Date of review: iii. Decision: If application is deferred or rejected, date of letter advising applicant accordingly: _______________________________________________________ 6. Permit details: No.: ___________Date issued: __________ Expiry date: SCHEDULE A PART 2 INFORMATION AND DOCUMENTS TO ACCOMPANY APPLICATION FOR A CONSTRUCTION PERMIT Criteria REF PBSF PL RT Application form Yes Yes Yes Yes Three copies of approved plans and specifications Yes Yes Yes Yes Environmental Impact Assessment (EIA) Licence Yes Yes Yes Yes Certificate of compliance with Land Use Yes Yes Yes Yes KEY REF – Refinery. PBSF – Petroleum Bulk Storage Facility. RT – Retail Dispensing Site. PL – Pipeline. SCHEDULE A PART 3 PERMIT NO. ………………… THE ENERGY ACT, 2006 PETROLEUM FACILITY CONSTRUCTION PERMIT Construction Permit is hereby granted to _______________________of P.O. Box _____________ to construct the following petroleum Facility (is): CONSTRUCTION OF: 1. PETROLEUM FACILITY On premises situated at: Plot No. : ___________________ Street/Market : ___________________ Town/County : ___________________ This Permit expires on : ___________________ Dated this: ________________________ Signature: ________________________ (SEAL) Director General Energy Regulatory Commission Conditions: 1. …………………………………………………………………… 2. …………………………………………………………………… 3. …………………………………………………………………… 4. …………………………………………………………………… SCHEDULE B PART 1 THE ENERGY ACT, 2006 APPLICATION FORM FOR A PETROLEUM BUSINESS LICENCE (EXCEPT LPG) (A separate application form must be completed in respect of each separate business establishment) 1. Name of business/applicant: _________________________ 2. Details of applicant: (a) Income Tax Personal Identification Number(s): _____ (b) Postal address: _______________________________ (c) Email Address : ______________________________ (d) Location of business premises: I. Plot No.: ___________ Building Name: __________ II. Street/Market: ______________________________ III. Town/District: ______________________________ 3. Give full details of proprietors or partners owning business or directors/shareholders of the company, as the case may be: Name Nationality (Where applicable No. of shares held) _____________ _______________ ______________ _____________ _______________ ______________ _____________ _______________ ______________ THE KENYA GAZETTE 16th March, 2012 886 886 (Any additional information should be submitted on a separate sheet of paper.) 4. Give full details of directors of the company: Name Nationality Passport/ ID No. _____________ _____________ ______________ _____________ _____________ ______________ _____________ _____________ ______________ (Any additional information should be submitted on a separate sheet of paper) 5. Full description of the business (es) for which the licence is required: _______________________________________________________ _______________________________________________________ _______________________________________________________ 6. (a) Indicate the number and date of issue of any licence previously held under the Act: _______________________________________________________ (b) Indicate the period for which the licence is being applied (maximum is one year from the date of issue): 7. State if you are or any of your partners/directors is an undischarged bankrupt (If so indicate the names): _______________________________________________________ 8. (a) Has any previous application for a licence been rejected under the Act? (If so, give details): _______________________________________________________ (b) Has any previous licence been cancelled under the Act? _______________________________________________________ 9. (a) Criteria to be met for new application and for renewal of a licence is attached at the back of the application form. (b) Certified copies (by advocate / commissioner of oaths) of documents as per criteria specified above should be submitted together with the licence application. 10. CONDITIONS FOR PETROLEUM BUSINESS LICENCE IN KENYA (a) Compliance with ENERGY ACT 2006 and any other subsidiary legislation regulation issued there under. (b) Environmental Management and Co-ordination Act, 1999 (c) Local Government Act. (d) Traffic Act (e) Relevant Kenya Standard on Petroleum Tankers (f) Any other subsidiary legislation regulations from the above Acts. DECLARATION i. I/We have read and understood the relevant sections of the Energy Act, No. 12 of 2006 and the related regulations issued therein, and agree to abide with them. ii. I/We hereby certify that the information given above is to my/our knowledge true and accurate. iii. I/We understand that it is an offence to give false information in an application for a licence. iv. I/We commit to conduct an honest petroleum business. Name of Company: _______________________________________ Name and ID of Person signing the Declaration: _________________ Designation and telephone No.: ______________________________ Signature & Stamp: _______________________________________ Date: __________________________________________________ Email address:___________________________________________ FOR OFFICIAL USE ONLY 1. Date application received: 2. Date of meeting of Petroleum Licensing Committee: 3. Decision of Petroleum Licensing Committee: Members present: Signature 1. 2. 3. 4. 4. If application is deferred or rejected, date of letter advising applicant accordingly: _______________________________ 5. Date of review of application: __________________________ Decision of Committee:______________________________ Members present: Signature 1. 2. 3. 4. 6. Licence details: No.: ________ Date issued: _______Expiry date: __________ SCHEDULE B PART 2 THE ENERGY ACT, 2006 QUESTIONNAIRE TO BE FILLED BY NEW APPLICANTS FOR A PETROLEUM BUSINESS LICENCE (EXCEPT LPG) 1. Name of applicant: __________________________________ 2. Nature of business (Sole Trader, Partnership, Private Company or Public Company):__________________________________ 3. Certificate of Incorporation/Registration Number and date: ________ (a) Country of Incorporation: ____________________________ (b) Physical address: ___________________________________ (c) Postal address: ____________________________________ (d) Telephone/ fax: ____________________________________ (e) Email address: _____________________________________ 4. Give full details of proprietors or partners owning business or directors/shareholders of the company, as the case may be: Name Nationality (Where applicable No. of shares held) _____________ ______________ ______________ _____________ ______________ ______________ _____________ ______________ ______________ (Any additional information should be submitted on a separate sheet of paper) 5. Give full details of directors of the company: Name Nationality Passport/ ID No. _____________ ______________ ______________ _____________ ______________ ______________ _____________ ______________ ______________ (Any additional information should be submitted on a separate sheet of paper) 16th March, 2012 THE KENYA GAZETTE 6. Give details on equity capital including other sources of financing: ___________________________________________________ 7. Indicate bank references _______________________________ 8. Type of business required to be licensed (tick as appropriate): (i) Refining (ii) Importation (iii) Exportation (iv) Wholesale (x) Storage (vii) Specify any other _____________________________ 9. Indicate if you: (a) Own storage facilities (If so, give details including location and capacity): ___________________________________ (b) Have hospitality/rental arrangement (If so, give details including copies of any agreements): _________________ 10. Do you intend to market your product locally? ___________________ If Yes, (a) Give the number and locations of Retails Outlets: _____________________________________________ (b) Give the number and locations of Distribution Depots including their capacities: ________________________ (c) If neither (a) nor (b) is applicable, explain: ___________ (e) Give details on how you propose to maintain the approved quality of your product: _______________________________ 11. (a) Give details of measures you have taken/you propose to take to ensure that the product you handle does not endanger life or pollute the environment: ____________________________________________ (b) Any additional information that the applicant wishes to give: ________________________________________ (If space provided above is not adequate use plain paper where applicable and attach to this questionnaire) Name of Company: _______________________________________ Name and ID No. of Person signing the Declaration:______________ Designation and telephone No.:_______________________________ Signature & Stamp: _______________________________________ Date: ___________________________________________________ SCHEDULE B PART 3 Criteria REF IMP EXP STO WH PL Application form Yes Yes Yes Yes Yes Yes Detailed Questionnaire Yes Yes Yes Yes Yes Yes Certified copy of Memo and Articles of association Yes Yes Yes Yes Yes Yes Certified copy of Certificate of Incorporation Yes Yes Yes Yes Yes Yes Certified copy of PIN registration certificate Yes Yes Yes Yes Yes Yes Certified copy of VAT registration certificate Yes Yes Yes Yes Yes Yes Certified copy of current Tax compliance Certificate Yes Yes yes yes Yes yes Identification documents for directors (ID/passport page 1 and 5) Yes Yes yes yes Yes yes Work permits for non-citizens / Entry permit class H Yes Yes yes yes Yes yes Certified copy of Lease agreement/Premises ownership Yes Yes Yes Yes Yes Yes Letter from OSMAG confirming membership Yes Yes Yes Signed KPRL Processing Agreement Yes Purchase of Minimum crude oil Yes Letter from MOE confirming applicant Signed OTS agreement for crude and refined products Yes Supply agreement with licensed importer or supplier /letter of intent Yes Yes EIA Licence (if new)/ EA if existing Yes Yes Certified copy of Certificate of Compliance with Physical Planning Act Yes Yes Certified copy of Clearance Certificate form Chief Fire Officer Yes Yes Detailed approved drawings drawn to scale Yes Yes Certified copy of DOSHS certificate of registration Yes Yes LICENCE EVALUATION CRITERIA FOR NEW PETROLEUM BUSINESSES (EXCEPT LPG) LICENCE EVALUATION CRITERIA FOR RENEWAL OF PETROLEUM BUSINESSES (EXCEPT LPG) Criteria REF IMP EXP STO WH PL Application form Yes Yes Yes Yes Yes Yes Copy of previous licence Yes Yes Yes Yes Yes Yes Proof that expired licence was utilised Yes Yes Yes Yes Yes Yes Certified copy of Current Tax compliance certificate Yes Yes yes yes Yes yes Proof of active OSMAG membership – OSMAG letter Yes Yes Yes Proof of crude processing - KPRL letter Yes EA acknowledgement letter from NEMA Yes Yes Certified copy of Clearance certificate form chief fire officer Yes Yes Certified copy of DOHSS certificate of registration Yes Yes KEY REF – Refining IMP – Import EXP – Export STO – Storage & Loading WH – Wholesale PL – Pipeline, THE KENYA GAZETTE 16th March, 2012 888 888 SCHEDULE B PART 4 THE ENERGY ACT, 2006 PETROLEUM BUSINESS LICENCE No. ERC/PET/ _______________ Licence is hereby granted to ____________________________of P.O. Box _____________ to carry on the following petroleum businesses: LICENCE NAME (EXCEPT LPG) On premises situated at: Plot No. : ____________________________ Building : ____________________________ Street/Market : ____________________________ Town/District : ____________________________ This licence expires on : ____________________________ Dated this: ________________________________ Signature _________________________________ (SEAL) Director General Energy Regulatory Commission Appendix IV THE ENERGY ACT, 2006 (No. 12 of 2006) IN EXERCISE of the powers conferred by section 102 of the Energy Act, 2006 the Minister for Energy makes the following regulations: Energy (Licensing of Petroleum Logistics Facilities and Businesses) Regulations, 2012 1. The Energy (Licensing of Petroleum Logistics Facilities and Businesses) Regulations, 2012. 2. In these Regulations, unless the context otherwise requires- “Act” means the Energy Act, 2006; “Commission” means the Energy Regulatory Commission. “Kenya Standard” means a specification or code of practise declared by the Council under section 9 of the Standards Act. “Licence” means any document or instrument in writing granted under this Act by the Commission to any person authorizing the operation of a petroleum logistics facility. ‘‘Licensee’’ means any person holding a Licence granted by the Commission authorizing the operation of a petroleum logistics facility. ‘‘Minister’’ means the minister for the time being responsible for energy. “Modification” means any change in the facility that alters the existing design. “Petroleum logistics facility” means any facility that is or can be used to receive, store, load, offload or transport petroleum and includes petroleum marine jetties, marine terminals, pipeline systems, and storage depots but does not include retail dispensing sites. “Petroleum logistics facility licensee” means a person licensed to operate a petroleum logistics facility and provide related services. ‘‘Tariff’’ means a written statement of rates, terms and conditions for services relating to use of petroleum logistics facilities. 3. These regulations shall not apply to the Kenya Defence Forces. 4. (1) A person shall not construct or undertake modification of a petroleum logistics facility except in accordance with the Act, and the terms and conditions of a valid petroleum logistics facility construction permit issued by the Commission or its agents. (2) The Commission or any authorized person acting in its behalf may enter and inspect any premises or facility that the Commission believes is under construction or modification as a petroleum logistics facility. (3) Where the Commission or its agents determines that a person is engaged in the construction or modification of a petroleum logistics facility requiring a construction permit and is not in possession of such construction permit it shall direct that person to cease the construction or modification unless and until the requisite permit is obtained. 6 (1) A person who wishes to construct or modify a petroleum logistics facility shall make an application to the Commission or its agents for a construction permit in the form set out in Part 1 of Schedule A. (2) An application under paragraph (1) shall be accompanied by the documentation and information specified in Part 2 of Schedule A; 7 (1) In evaluating an application for a construction permit, the Commission or its agents shall be satisfied that the information and documents submitted with the application form are true and correct. (2) The Commission or its agents may request additional information from an applicant that may be necessary to enable the Commission to make a decision regarding the issuing of the construction permit. (3) The Commission or its agents shall consider the application within forty five (45) days after receipt of an application for construction permit which meets the requirements of the Act and these Regulations. (4) The construction permit issued these regulations shall be in the form set out in Part 3 of Schedule A. (5) Where the Commission or its agents refuses to grant a construction permit, it will notify the applicant of such refusal specifying the reasons and shall deliver such notice to the applicant at the address provided to the Commission by the applicant. 8. (1). A construction permit ceases to be valid if – (a) The construction permit is suspended or revoked by the Commission or its agents for non compliance with any term or condition thereof within the prescribed period by notice in the Gazette; or (b) Execution of the works has not commenced at the expiry of twelve (12) months from the date on which the construction permit was granted or the expiration of any extended period which the Commission or its agents may allow. (2)The Commission or its agents shall notify the holder of the construction permit of the Commission’s intention to suspend or revoke the construction permit at least twenty one (21) days before the intended date of suspension or revocation, specifying the reasons. (3) The Commission or its agents may in writing reinstate a construction permit suspended or revoked if satisfied that the reasons for suspension or revocation no longer exist. 9. (1) A person shall not engage in the operation of petroleum logistics facility except in accordance with the terms and conditions of a valid licence issued by the Commission or its agents. (2) Where the Commission or its agents determines that a person is engaged in the operation of petroleum logistics facility and is not in possession of a license it shall direct that person to cease the activity unless and until the requisite license is obtained. 10. (1) A person who wishes to engage in the operation of petroleum logistics facility shall make an application for a licence to the Commission or its agents in the form set out in Part 1 of Schedule B. (2) The application under paragraph (1) shall be accompanied by the documents and any additional information specified in Part 2 of Schedule B 11 (1) In evaluating an application for a petroleum logistics facility licence, the Commission or its agents shall take account of the criteria in Part 3 of Schedule B and be satisfied that the applicant has complied with the Act and the information and documents submitted with the application form are true and correct. (2) The Commission or its agents may request additional information from an applicant that may be necessary to enable it to make a decision regarding the issuance of the licence. (3) The Commission or its agents shall consider the application within thirty (30) days after receipt of an application which meets the requirements of the Act. 16th March, 2012 THE KENYA GAZETTE 12. The petroleum logistics facility licence issued under these regulations shall be in the form set out in Part 4 of Schedule B. 13. (1) A petroleum logistics facility licence shall be valid for one year from the date of its issue and may be renewed in accordance with the Act. (2) An application for renewal of a petroleum logistics facility licence shall be made to the Commission or its agents at least thirty (30) days before the expiry date. 14. (1) The Commission or its agents shall furnish all persons interested in making application for a petroleum logistics facility licence and construction permit prescribed under these Regulations with any necessary information in the Commission’s or its agent’s possession: (2) Any discussions with, notifications or requests for information from the Commission or its agents shall not confer any right to any person to the grant of a licence or a permit, as the case may be. 15. A petroleum logistics facility licensee shall: (a) Operate and maintain the facility in accordance with the requirements of the Energy Act, Physical Planning Act, Standards Act, Local Government Act, Environmental Management and Co- ordination Act, Occupational Safety and Health Act, Weights and Measures Act, Traffic Act, Customs and Excise Act and any other written law; Deal only with persons in possession of a valid petroleum business licence for all products meant for domestic consumption; (b) Not allow to load or offload on its premises petroleum road tankers that do not comply with the requirement of the Act. (c) Prohibit any person not certified by the Commission or its agents as a petroleum tanker driver from driving a petroleum tanker within its premises, (d) Put in place measures to prohibit from its facilities petroleum that does not comply with the Kenya standards for petroleum; (e) Have and maintain its facilities and operate them in compliance with Kenya standard or the relevant international standards approved by Kenya Bureau of Standards. (f) Operate in a manner that conforms to the existing Kenya standards for Petroleum Storage Installations; (g) Provide to the Commission or its agents information as required by regulations under the Act; and (h) If so directed by the Commission or its agents, stop providing logistics facility services to a petroleum business licensee that is not in compliance with the Act or the conditions of its licence. 16. (1) A construction permit or licence, or a certified copy thereof, shall be displayed in a prominent position on the premises in respect of which it is issued. (2) Any licence or construction permit issued in terms of these Regulations: (a) remains the property of the Commission; (b) may be modified, suspended, revoked or amended at any time subject to compliance with due process; (c) may not be tempered with or defaced in any manner; and (d) is not transferable without the written consent of the Commission or its agents. 17. The Commission or any authorized person acting on its behalf may enter and inspect any premises where a petroleum logistics facility business is conducted for the purpose of inspection or conducting investigations pursuant to the provisions of the Act or Regulations made under the Act. 18. (1) Any person aggrieved by a condition or term imposed in the licence by the Commission or its agents under these Regulations may in accordance with the Act, apply in writing to the Commission or its agents to amend such condition or term. (2) If such a person is not the licensee the Commission or its agents shall in writing inform the licensee within seven (7) days of receipt of the application and the Commission or its agents will determine the matter within thirty (30) days. (3)A licence or permit amended under the Act and these regulations shall retain the existing expiry date. 19. (1) The Commission or its agents may at any time suspend or revoke any licence issued under this Regulation if the licensee commits any breaches stipulated in the Act (2) A petroleum logistics facility licence shall cease to be valid if the licence is suspended or revoked by the Commission or licensing agent under the provisions of the Act. (3) The Commission or its agents may give the licensee fourteen days to show cause why the licence should not be revoked. (4) The Commission or its agents shall determine the matter within thirty days from the expiry of the notice period. (5) Any suspension or revocation of licence shall not indemnify the licensee against any penalties for which the licensee may have become liable under the Act or these Regulations. (6) The power to suspend or revoke the licence for contravention of its conditions is in addition to any other penalty which may be imposed under the Act or by any other written law. 20. (1)A person aggrieved by the decision of the Commission or its agents in refusing to renew, amend, replace, grant a licence or impose conditions on a licence or in revoking a licence may appeal to the Tribunal within thirty (30) days of receipt by him of the written notification of such action. (2) A person aggrieved by the decision of the commissions agents in refusing to renew, amend, replace, grant a licence or impose conditions on a licence or in revoking a licence may appeal to the Commission within thirty (30) days of receipt by him of the written notification of such action. 21. Any person who contravenes any of the above regulations commits an offence in accordance with the Act and shall on conviction be liable to a fine not exceeding one million shillings or to a maximum term of imprisonment of one year, or both such fine and imprisonment. THE ENERGY ACT, 2006 SCHEDULE A PART 1 APPLICATION FORM FOR A PETROLEUM INSTALLATION CONSTRUCTION PERMIT (A separate application form must be completed in respect of each separate installation) 1. Name of applicant/proponent: ___________________________ 2. Details of applicant/proponent: __________________________ (e) Income Tax Personal Identification Number(s): ____________ (f) Postal address: ______________________________ (g) Email Address : _____________________________ (h) Site location : IV. Plot No.: __________________________ V. Street/Market: _____________________ VI. Town/County: _____________________ 3. Give full details of proprietors or partners owning business or directors/shareholders of the company, as the case may be: Name Nationality (Where applicable No. of shares held) _____________ ______________ ______________ _____________ ______________ ______________ _____________ ______________ ______________ (Any additional information should be submitted on a separate sheet of paper) 4. Give full details of directors of the company: Name Nationality Passport/ ID No. _____________ ______________ ______________ _____________ ______________ ______________ _____________ ______________ ______________ THE KENYA GAZETTE 16th March, 2012 890 890 (Any additional information should be submitted on a separate sheet of paper) 5. Full description of the proposed petroleum facility: ________________________________________________ ________________________________________________ ________________________________________________ 6. Specify the points between which the pipeline is to run (For Pipeline installations only): ________________________________________________ 7. Specify the storage capacity of the facility: ________________________________________________ ________________________________________________ ________________________________________________ 8. Give details on equity capital including other sources of financing: 9. Indicate bank references: ________________________________________________ ________________________________________________ ________________________________________________ 10. CONDITIONS FOR ISSUANCE OF A CONSTRUCTION PERMIT Compliance with: (a) ENERGY ACT 2006. (b) Environmental Management and Co-ordination Act, 1999 and in particular the report of the Environmental (Impact Assessment and audit) Regulations, 2003. (c) Physical Planning Act, 1996. (d) Local Government Act. (e) Any other subsidiary legislation regulations from the above Acts. 11. DECLARATION i. I/We have read and understood the relevant sections of the Energy Act, No. 12 of 2006 and the related petroleum rules and regulations, and agree to abide with them. ii. I/We hereby certify that the information given above is to my/our knowledge true and accurate. iii. I/We understand that it is an offence to give false information in an application for a construction permit. iv. I/We hereby confirm that our Company/Business shall abide by the above terms and conditions with regard to construction of the petroleum installation. I also understand that the construction permit is subject to these conditions. Name of Company: _____________________________________ Name and ID No. of Person signing The Declaration: ___________ Designation and telephone No.:____________________________ Signature & Stamp: _____________________________________ Date: _________________________________________________ Email address: ____________________________________ 12. FOR OFFICIAL USE ONLY 1. Date application received: 2. Date of review: ______ 3. Decision: 4. If application is deferred or rejected, date of letter advising applicant accordingly:___________________________________ 5. Permit details: No.: ________ Date issued: _______Expiry date: __________ SCHEDULE A PART 2 INFORMATION AND DOCUMENTS TO ACCOMPANY APPLICATION FOR A CONSTRUCTION PERMIT Criteria REF PBSF PL RT Application form Yes Yes Yes Yes Three copies of approved plans and specifications Yes Yes Yes Yes Environmental Impact Assessment (EIA) Licence Yes Yes Yes Yes Certificate of compliance with Land Use Yes Yes Yes Yes KEY REF – Refinery. PBSF – Petroleum Bulk Storage Facility. RT – Retail Dispensing Site. PL – Pipeline. SCHEDULE A PART 3 PERMIT NO. ……………… THE ENERGY ACT, 2006 PETROLEUM FACILITY CONSTRUCTION PERMIT Construction Permit is hereby granted to _______________________of P.O. Box _____________ to construct the following petroleum Facility (is): CONSTRUCTION OF: 1. PETROLEUM FACILITY On premises situated at: Plot No. : _________________________ Street/Market : _________________________ Town/County : _________________________ This Permit expires on : _________________________ Dated this: ________________________ Signature: ________________________ (SEAL) Director General Energy Regulatory Commission Conditions: 1. ……………………………………………………………………… 2. ……………………………………………………………………… 3. ……………………………………………………………………… 4. ……………………………………………………………………… 16th March, 2012 THE KENYA GAZETTE SCHEDULE B PART 1 THE ENERGY ACT, 2006 APPLICATION FORM FOR A PETROLEUM BUSINESS LICENCE (EXCEPT LPG) (A separate application form must be completed in respect of each separate business establishment) 1. Name of business/applicant: _____________________________ 2. Details of applicant: (a) Income Tax Personal Identification Number(s): _________ (b) Postal address: ___________________________________ (c) Email Address : __________________________________ (d) Location of business premises: I. Plot No.: ___________ Building Name: __________ II. Street/Market: _______________________________ III. Town/District: _______________________________ 3. Give full details of proprietors or partners owning business or directors/shareholders of the company, as the case may be: Name Nationality (Where applicable No. of shares held) _____________ ______________ ______________ _____________ ______________ ______________ _____________ ______________ ______________ (Any additional information should be submitted on a separate sheet of paper.) 4. Give full details of directors of the company: Name Nationality Passport/ ID No. _____________ ______________ _____________ _____________ ______________ _____________ _____________ ______________ _____________ (Any additional information should be submitted on a separate sheet of paper) 5. Full description of the business (es) for which the licence is required: ___________________________________________________ ___________________________________________________ ___________________________________________________ 6. (a) Indicate the number and date of issue of any licence previously ___________________________________________________ 7. held under the Act: ___________________________________________________ (b) Indicate the period for which the licence is being applied (maximum is one year from the date of issue): ___________________________________________________ 8. State if you are or any of your partners/directors is an undischarged bankrupt (If so indicate the names): ___________________________________________________ 9. (a) Has any previous application for a licence been rejected under the Act? (If so, give details): ________________________________________________ (b) Has any previous licence been cancelled under the Act? (a) Criteria to be met for new application and for renewal of a licence is attached at the back of the application form. (b) Certified copies (by advocate / commissioner of oaths) of documents as per criteria specified above should be submitted together with the licence application. 10. CONDITIONS FOR PETROLEUM BUSINESS LICENCE IN KENYA (a) Compliance with ENERGY ACT 2006 and any other subsidiary legislation regulation issued there under. (b) Environmental Management and Co-ordination Act, 1999 (c) Local Government Act. (d) Traffic Act (e) Relevant Kenya Standard on Petroleum Tankers (f) Any other subsidiary legislation regulations from the above Acts. DECLARATION i. I/We have read and understood the relevant sections of the Energy Act, No. 12 of 2006 and the related regulations issued therein, and agree to abide with them. ii. I/We hereby certify that the information given above is to my/our knowledge true and accurate. iii. I/We understand that it is an offence to give false information in an application for a licence. iv. I/We commit to conduct an honest petroleum business. Name of Company: _______________________________________ Name and ID of Person signing the Declaration: _________________ Designation and telephone No.: ______________________________ Signature & Stamp: _______________________________________ Date: ___________________________________________________ Email address: ______________________________________ FOR OFFICIAL USE ONLY 1. Date application received: _________ 2. Date of meeting of Petroleum Licensing Committee: 3. Decision of Petroleum Licensing Committee: Members present: Signature 1. 2. 3. 4. 4. If application is deferred or rejected, date of letter advising applicant accordingly: ________________________________ 5. Date of review of application: __ Decision of Committee: Members present: Signature 1. 2. 3. 4. 6. Licence details: No.: _________ Date issued: _______Expiry date: _______ THE KENYA GAZETTE 16th March, 2012 892 892 SCHEDULE B PART 2 THE ENERGY ACT, 2006 QUESTIONNAIRE TO BE FILLED BY NEW APPLICANTS FOR A PETROLEUM BUSINESS LICENCE (EXCEPT LPG) 1. Name of applicant: ___________________________________ 2. Nature of business (Sole Trader, Partnership, Private Company or Public Company):__________________________________ 3. Certificate of Incorporation/Registration Number and date: ____ (a) Country of Incorporation: _________________________ (b) Physical address: ________________________________ (c) Postal address: ________________________________ (d) Telephone/ fax: _____________________________ (e) Email address: __________________________________ 4. Give full details of proprietors or partners owning business or directors/shareholders of the company, as the case may be: Name Nationality (Where applicable No. of shares held) _____________ ______________ ______________ _____________ ______________ ______________ _____________ ______________ ______________ (Any additional information should be submitted on a separate sheet of paper) 5. Give full details of directors of the company: Name Nationality Passport/ ID No. _____________ ______________ ______________ _____________ ______________ ______________ _____________ ______________ ______________ (Any additional information should be submitted on a separate sheet of paper) 6. Give details on equity capital including other sources of financing: ____________________________________________________ 7. Indicate bank references _______________________________ 8. Type of business required to be licensed (tick as appropriate): (i) Refining (ii) Importation (iii) Exportation (iv) Wholesale (y) Storage (vii) Specify any other ________________________ 9. Indicate if you: (a) Own storage facilities (If so, give details including location and capacity): _________________________ (b) Have hospitality/rental arrangement (If so, give details including copies of any agreements): ____________________ 10. Do you intend to market your product locally? _____________ If Yes, (a) Give the number and locations of Retails Outlets: ___________________________________________ (b) Give the number and locations of Distribution Depots including their capacities: ______________________ (c) If neither (a) nor (b) is applicable, explain: __________________________________________ (d) Give details on how you propose to maintain the approved quality of your product: __________________________ 11. (a) Give details of measures you have taken/you propose to take to ensure that the product you handle does not endanger life or pollute the environment: ______________________________________________ (b) Any additional information that the applicant wishes to give: ___________________________________ (If space provided above is not adequate use plain paper where applicable and attach to this questionnaire) Name of Company: _______________________________ Name and ID No. of Person signing the Declaration: ______________ Designation and telephone No.:______________________ Signature & Stamp: _______________________________ Date: __________________________________________ SCHEDULE B PART 3 Criteria REF IMP EXP STO WH PL Application form Yes Yes Yes Yes Yes Yes Detailed Questionnaire Yes Yes Yes Yes Yes Yes Certified copy of Memo and Articles of association Yes Yes Yes Yes Yes Yes Certified copy of Certificate of Incorporation Yes Yes Yes Yes Yes Yes Certified copy of PIN registration certificate Yes Yes Yes Yes Yes Yes Certified copy of VAT registration certificate Yes Yes Yes Yes Yes Yes Certified copy of current Tax compliance Certificate Yes Yes yes yes Yes yes Identification documents for directors (ID/passport page 1 and 5) Yes Yes yes yes Yes yes Work permits for non-citizens / Entry permit class H Yes Yes yes yes Yes yes Certified copy of Lease agreement/Premises ownership Yes Yes Yes Yes Yes Yes Letter from OSMAG confirming membership Yes Yes Yes Signed KPRL Processing Agreement Yes Purchase of Minimum crude oil Yes Letter from MOE confirming applicant Signed OTS agreement for crude and refined products Yes Supply agreement with licensed importer or supplier /letter of intent Yes Yes EIA Licence (if new)/ EA if existing Yes Yes Certified copy of Certificate of Compliance with Physical Planning Act Yes Yes Certified copy of Clearance Certificate form Chief Fire Officer Yes Yes Detailed approved drawings drawn to scale Yes Yes Certified copy of DOSHS certificate of registration Yes Yes 16th March, 2012 THE KENYA GAZETTE LICENCE EVALUATION CRITERIA FOR NEW PETROLEUM BUSINESSES (EXCEPT LPG) LICENCE EVALUATION CRITERIA FOR RENEWAL OF PETROLEUM BUSINESSES (EXCEPT LPG) Criteria REF IMP EXP STO WH PL Application form Yes Yes Yes Yes Yes Yes Copy of previous licence Yes Yes Yes Yes Yes Yes Proof that expired licence was utilised Yes Yes Yes Yes Yes Yes Certified copy of Current Tax compliance certificate Yes Yes yes yes Yes yes Proof of active OSMAG membership – OSMAG letter Yes Yes Yes Proof of crude processing - KPRL letter Yes EA acknowledgement letter from NEMA Yes Yes Certified copy of Clearance certificate form chief fire officer Yes Yes Certified copy of DOHSS certificate of registration Yes Yes KEY REF – Refining IMP – Import EXP – Export STO – Storage & Loading WH – Wholesale PL – Pipeline, SCHEDULE B PART 4 THE ENERGY ACT, 2006 PETROLEUM BUSINESS LICENCE No. ERC/PET/ _______________ Licence is hereby granted to ____________________________of P.O. Box _____________ to carry on the following petroleum businesses: LICENCE NAME (EXCEPT LPG) On premises situated at: Plot No. : ___________________________ Building : ___________________________ Street/Market : ___________________________ Town/District : ___________________________ This licence expires on : ___________________________ Dated this: ________________________________ Signature _________________________________ (SEAL) Director General Energy Regulatory Commission KABURU MWIRICHIA, Director General, MR/9107026 Energy Regulatory Commission.