GAZETTE NOTICE NO. 11383

under these Regulations. the Commission mar, suspend or revoke his licence. 7. (1) A person shall not fill or possess LPG in cylinders in aggregate • quantities greater than eighty kilograms without the permission of the brand owner. (2)A person shall not alter the branding or deface or damage; or repair or submit for maintenance an LPG cylinder without the authority of the brand owner, (3)A person who.contravenes paragraphs ( I ) and (2) commits an offence 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. (4)In any case where the person who contravenes the provisions of paragraphs (1) and (2) is licensed under these Regulations, the Commission may suspend or revoke his licence. 8. ( I) A person shall not conduct a business of importation of LPG into Kenya except under and in accordance with terms and conditions of a valid licence issued by the Commission. (2) A person desirous of obtaining a licence under this part shall make an application to the Commission in the Form No.1 set out in the Schedule hereto, and such an application shall be accompanied by- (a)declaration to adhere and conform to the specifications contained in KS 03 — 91 on the-Specifications for Liquefied Petroleum Gases or any revision thereof; (b)declaration of compliance with Legal Notice No. 60 of 2003 (rebating to the Imports, Exports and Essential Supplies (Control of Essential Supplies) Order, 2003) and Legal Notice No. 115 of 2004 (relating to the Imports, Exports and Essential Supplies (Control of Essential Supplies) (Amendment) Order, 2004); (3) A licence to import LPG shall be in the Form No.2 attached. in the Schedule hereto and shall authorize the importation of LPG only within the Pixts of. Entry or through Import Routes specified in the licence. (4) No person shall import LPG into Kenya unless the vessel used meets the Kenya Standard and where no standard exists, the relevant international standards approved by the Kenya Bureau of Standards. (5) No person shall import LPG into Kenya by, sea or land unless such person has an oil clean-14 plan in compliance with the national oil policy and has subscribed `to membership of the Oil Spill Mutual Aid Group or other similar body approved by the. Commission. (6) A person who contravenes paragraphs (4). and (5) commits an offence and shall, on conviction, be liable to a fine not exceeding two million shillings, or to a maximum term of imprisonment of two years, or to both. (7) In any case where the person who contravenes the provisions of paragraphs (4) and (5) is licensed under these Regulations, the Commission may suspend or revoke his licence. 9. (I) A person shall not conduct a business of bulk LPG storage except under and in Accordance with the terms and conditions of a valid licence issued by the Commission. (2) A litience shall not be necessary for bulk LPG storage for non commercial use in quantities-not exceeding eighty kilograms; provided that such bulk LPG storage shall be contained in a secure cylinder that conforms to Kenya Standard KS ISO 4706 on Refillable welded steel gas cylinders and KS 1938 (Part- I — 3) on Handling, Storage and . Distribution of LPG in Domestic, Commercial and Industrial Installations or any revisions thereof. (3)A licensee-shall not conduct a business of bulk LPG storage in any building .constructed of inflammable material. (4)A licensee shall not offer hospitality, release or otherwise part with possession of bulk LPG to a person unless that person has a valid bulk LPG storage licence issued by the Commission under these Regulations. (5)A person desirous of obtaining a licence under this Regulation shall make an application to the Commission in the Form No.1 set out in the Schedule hereto, and such an application shall be accompanied by- (a) an environmental impact assessment licence issued in accordance with the> Environmental Management and Coordination Act, 199 for a new facility or an Environmental Audit for an existing facility; (b) Certificate of Compliance issued in accordance with the Physical Planning Act 1996; (c) Copy of approved drawings in accordance with the Local Government Act with specifications and plans in duplicate indicating — (i)the facility to be licensed, giving particulars of the materials and construction; (ii)the position of the facility in relation to adjoining property including the distances from neighbouring buildings; • (iii)in the case of an installation, the position and capacity of all tanks, storage sheds and filling stations, the position of all buildings, structures or other works within the installation, and the manner in which the LPG is to•be stored; (iv)all lighting arrangements including the position of electric cables, switches and fuse boxes, drainage system. water connections, fire hydrants and fire- fighting appliances; (v)A clearance certificate from the Chief Fire Officer in accordance with the Local Government Act. (d) a copy of certificate of adherence to the KS 1938 on the Handling, Storage and Distribution of Liquefied Petroleum Gas in Domestic, Commercial and Industrial Installations; - (6) One copy of the specifications and plans shall be attached to the licence by the Commission upon issue thereof. (7)The site plans shall be drawn to a scale of not less than 1/500th . of an inch to one foot and the detail plans to a scale of not less than 1 / 16th of an inch to one foot. (8)No alterations in the licensed facility or in the method of bulk LPG storage therein as shown in the licence or in the specifications and plans attached thereto shall be made without the authority of the Commission, and if such alterations are approved, the licence and , -documents attached thereto shall be amended by the Commission accordingly. (9)A person who contravenes paragraphs (3), (4) and-(8) commits an offence 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. (10)In any case where the person who contravenes the provisions of paragraphs (3), (4) and (8) is licensed under these Regulations, the Commission may suspend or revoke his licence. (11)A licence for bulk LPG storage shall be in the Form No.2 attached in the Schedule hereth and shall contain the conditions specified therein 1-1 10 (1) A person shall not conduct a business of filling of LPG into cylinders- except under and in accordance with the terms and conditions of a valid licence issued by the Commission (2) A person shall not fill the standard capacity cylinders that do not conform to KS 201 — 2007 on Unified Valves for Liquefied Petroleum Gas Cylinders for- Domestic Use - Specification (Third Edition) and KS 06-896 on the Specification for Periodic Inspection, Testing and Maintenance of Transportable Gas Containers (excluding dissolved acetylene containers). (3)A person who contravenes the provisions of paragraph (2) commits an offence 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. (4)In any case where the person who contravenes the provisions of paragraph (2) is licensed under these Regulations, the Commission may'suspend or revoke his licence. (5)A person desirous of obtaining a licence under this Regulation shall make an application to the Commission in the Form No.1 set out in the Schedule hereto, and such an application shall be accompanied by- (a) an environmental impact assessment licence issued in accordance with the Environmental Management and Coordination Act 1999 for a new facility or an Environmental Audit for an existing facility; (b) Certificate of Compliance issued in accordance with the Physical Planning Act 1996; (c) Copy of approved drawings in accordance with the Local Government Act Chapter 265 with specifications and plans in duplicate indicating — (i)the facility to be licensed, giving particulars of the materials and construction; (ii)the position'of the facility in relation to adjoining property including the distances from neighbouring buildings; (iii)in the case of an installation, the position and capacity of all tanks, storage sheds and filling stations, the position of all buildings, structures or other works within the installation, and the manner in which the LPG is to be stored; (iv)all lighting arrangements including the position of electric cables, switches and fuse boxes, drainage system, water connections, fire hydrants and fire- fighting appliances; (v)A clearance certificate from the Chief Fire Officer in accordance with the Local Government Act. (d) a copy of certificate of adherence to the KS 1938 on the . Handling, Storage and Distribution of Liquefied Petroleum Gas in Domestic, Commercial and Industrial InStallations; (7) A licence for filling of LPG shall be in the Form No.2 attached in the Schedule hereto and shall contain the conditions specified therein 11. (1) A person shall not conduct a business of wholesale trade in LPG in cylinders except under and in accordance with the terms and conditions of a valid licence issued by the Commission. (2) A person si not conduct a business of wholesale trade in LPG in cylinders withm. the authority of the brand owner. (3) A person licensed to conduct a business of wholesale trade in LPG in cylinders shall not buy or sell LPG in cylinders from an unlicensed person. (4) A person who contravenes paragraphs (2) and (3) commits an offence 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. (5) In any case where the person who contravenes the provisions of paragraphs (2) and (3) is licensed under thek Regulations, the Commission may suspend or revoke his licence. (6) A person, desirous of obtaining a licence under this Regulation shall make an application to the Commission in the Form No.1 set out in the Schedule hereto, and such an application shall be accompanied by- (a) an environmental impact assessment licence issued in accordance with the Environmental Management and Coordination Act 1999 or any revisions thereof for a new facility or an Environmental Audit for an existing facility; (b) Certificate of Compliance issued in accordance with the Physical Planning Act 1996; (c) Copy 'of approved drawings in accordance with the Local Government Act Chapter 265 with specifications and plans in duplicate indicating — (i)the facility to be licensed, giving particulars of the materials and construction; (ii)the position of the facility in relation to adjoining property including the distances from neighbourifig buildings; (iii)in the case of an installation, the position and capacity of all tanks, storage sheds and filling stations, the position of all buildings, structures or other works within the installation, and the manner in which the LPG is to be stored; (iv)all lighting arrangements including the position of electric cables, switches and fuse boxes, drainage system, water connections, fire hydrants and fire- fighting appliances; (v)A clearance certificate from the Chief Fire Officer in accordance with the Local Government Act. (d) a copy of certificate of adherence to the KS 1938 on the Handling, Storage and Distribution of Liquefied Petroleum Gas in Domestic, Commercial and Industrial Installations; (e) a copy of certificate of adherence to the KS 1938 on the Handling, Storage and Distribution of Liquefied Petroleum Gas in Domestic, Commercial and Industrial Installations; (7) A licence for wholesale trade in LPG in cylinders shall be in the Form No.2 attached in the Schedule hereto and shall contain the conditions specified therein 12. (1) A person shall not conduct a business of retail in LPG in cylinders except under and in accordance with the terms and conditions of a valid licence issued by the Commission. (2) A person licensed to conduct a business of retail in LPG in cylinders shall not purchase LPG in cylinders from an unlicensed person. (3) Every retail outlet selling LPG shall have a properly calibrated weighing instrument in accordance with the Weights and Measures Act for verification of the net contents of LPG cylinders. (4) A person who contravenes paragraphs (2) and (3) commits an offence 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. (5) In any case where the person who contravenes the provisions of paragraphs (2) and (3) is licensed under these Regulations, the Commission may suspend or revoke his licence. (6) A person desirous of obtaining a licence under this Regulation shall make an application to the Commission in the Form No.1 set out in•the Schedule hereto, and such an application shall be accompanied by- (a)Copy of approved drawings in accordance with the Local Government ACt; (b)Copy of a valid supply agreement with a person licensed to undertake wholesale business in LPG. (7) A licence for retail in LPG in cylinders shall be in the Form No.2 attached in the Schedule hereto and shall contain the conditions specified therein 13. (I) A person shall not conduct a business of transportation of LPG by road, except under and in accordance with the terms and conditions of a valid licence issued by the Commission. (2) The provisions of paragraph (1 ) shall not apply to LPG in a private vehicle carried by a consumer in standard capacity cylinders not exceeding an aggregate quantity of forty kilograms. 280tiNovember, 2008 THE : KENYA GALtyiE- 3065 (3) A licensee shall not transport in his vehicle LPG froM an unlicensed person or discharge from his vehicle LPG to a person not licensed under the provisions. of these regulations: (4) No person shall drive a vehicle. or -engage a driver, for the purpose of transporting LPG unless such driver—, (al has a valid driving licence: (h) is certified in accordance with the Energy Act (e) not withstanding the provisions of 4(b) above,-has attended a preScribed basic training course(s) providing appropriate knowledge of LPG and petroleum products and' in defensive driving. (d)in the case of hulk LPG transportation vehicles has not clriven such class of vehicle for a minimum' of four years or in the case of packaged LPG cylinders has not driven such class of vehicle for two years: (e)is of optimal health and fitness: (5) A person who contravenes paragraphs (3) and (4) commits an off-..trice and shall, on conviction, he liable to a tine not exceeding one Million shillings, or to a maximum term of imprisonment of one year. or to both. (6) In any case where the person who contravenes the provisions of paragraph (3) and (4) is • licensed under these Regulations. the Commission may suspend or revoke his licence. (7) A person desirous Of obtaining a licence under-this Regulation shall make an application to the Commission in the Form No, I set out in the Schedule hereto, and such an application shall he accoMpanied by- (a) Copy of certificate certifying that the vehicle meets the applicable Kenya Standard for vehicles transporting LPG: (h) Valid vehicle inspection report: (e) A valid clearance certificate from the Chief Fire Officer in accordance with the Local Government Act. (8) A licence for transportation of LPG shall he in the Form No.-2 attached in the Schedule hereto and shall contain the conditions specified therein 14. ( I) An LPG Cylinder EXchange Pool shall be established to regulate the exchange of LPG cylinders among the LPG marketing companies. (2)A person .shall not conduct a business of filling and wholesaling of LPG in cylinders unless such a person is a member of the I.PG Cylinder Exchange Pool. (3)A member of the LPG Cylinder Exchange Pool shall accept or recognize for exchange a cylinder-belonging to another member. (5) t person who contravenes paragraphs (2) and (3) commits an olTence and shall on conviction, he liable to a fine not exceeding one million shillings, or to a maximum term of _ imprisonment of one year. or to both. (6)In any case where the person who contravenes the provisions of paragraph (2) and (3) is licensed under these Regulations. the Commission may suspend or revoke his licence. (7)A person desirous of membership to the LPG Cylinder Exchange Pool shall make an application- to the Commission in the Form No.1 set out in the Schedule hereto, and such an application shall be accompanied by- - (a) a copy of certificate of ownership of a minimum of five thousand cylinders of a particular brand conforming to KS 201 — 2007 on Unified Valves for Liquefied Petroleum Gas Cylinders for Domestic Use - Specification (Third Edition, (h) a copy of a valid licence from the Commission. (c) a copy of certificate of adherence to KS 1164396 on the Specification for Periodic Inspection. Testing and Maintenance of Transportable Gas Containers (excluding dissolved acetylene containers) or any revisions thereof. 15. ( The standard capacities of cylinders for filling with LPG shall he one (1). three (3). six (6) and thirteen (13) kilogrammes, and such cylinders shall be fitted with unified valves. (2)No LPG cylinders shall be manufactured in, or imported into, Kenya other than those of capacities, and fitted with unified valves, specified in paragraph (I). (3)All LPG cylinders existing immediately before the provisions of this Regulation takes effect shall be fitted with unified valves before April I. 2009. An cylinder not in the'categories specified in paragraph (I) shall not be allowed for filling with LPG after I"' October 2010. 16.S1) The licensee shall take all reasonable and proper steps to ensure that - (a) the provisions of these Regulations and the conditions of the licence are known to, and observed by, all persons employed in or about the licensed premises: (h) unauthorized persons do not have access to the licensed premises. Appeal against a decision of the Commission. 17.Any person aggrieved by an order or decision of the Commission made under the provisions of these. Regulations may, within thirty days of receipt of such order or decision appeal to the Tribunal. Revocation of Rules under Cap 116. 18.The Petroleum (Amendment) Rules. 2006. (Sub Leg. LN. No. 114/2006 made under the repealed Petroleum Act are revoked. SCHEDULE (Regulations, 8.9,10.11,12.13,14) Form No. I APPLICATION FORM FOR A PETROLEUM BUSINESS LICENCE (A separate application form inns! be completed in respect ()leach separate hus'iness establishment) 1. Name of business/applicant 2. Details of applicant: a)Income Tax Personal Identification Number(s) b)Postal address c)Location of business premises: Plot No Building Name Street/Market l'own/District 3. Give full details of proprietors or partners owning business or directors/sharcholders of the company, as the case may be. Mime Nat untidily (Where applicable No. o [shares held) (any additional information should be submitted on a separate sheet of paper.) 4.Full description of the business (es) for which the licence is required 5.(a) Indicate the number and date of issue of any licence previously held under the Act. 6.State if you are or any of your partners/directors is an undischarged bankrupt. (If so indicate the names.) 7.(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? 8. (a) Certified copies of the following documents should be submitted with the application for a licence: (i)If the applicant is a Kenyan, a copy of both sides of ID card or if a non-Kenyan current work permit together with copies of pages 1 and 5 of the passport; (ii)Relevant entry permit(s) for non-citizens; (iii)Either copies of Business name Registration Certificate or Certificate of Incorporation and Memorandum and articles of Association in case of a company (whichever is applicable); (iv)Lease agreement or letter from landlord confirming tenancy. (v)PIN and VAT certificates. (vi)Applicable documents specified under these regulations. (b) An applicant for renewal of a licence shall submit only a photocopy of the current licence. 9. CONDITIONS FOR IMPORTING AND MARKETING PETROLEUM PRODUCTS IN KENYA 1.CRUDE OIL PROCESSING Companies importing petroleum products for the Kenyan market shall participate in the processing of base load crude oil at the Kenya Petroleum Refineries Ltd (KPRL) and also undertake their imports through the open tender system. 2.MINIMUM OPERATIONAL STOCKS Companies importing petroleum products for marketing in Kenya shall maintain 20 days minimum operational stocks of liquid petroleum products and 10 days stock of LPG. 3.SUBMISSION OF SALES DATA Companies marketing petroleum products in Kenya shall,submit monthly sales data. DECLARATION i.I/We have read and understood the relevant sections of the Energy Act, No. 12 of 2006 and the regulations issued there under and agree to abide with them. ii.1/Vie 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 umierstand that it is a serious offence to divert into the Kenyan market petroleum products destined for export. v.I/We understand that any person or company found diverting export petroleum products to the Kenyan market, either directly or indirectly shall have the their licence revoked. vi.I/We understand that I/We should conduct an honest petroleum business and shall ensure that my/our Company shall not promote the diversion of export petroleum products into the Kenyan market either directly or indirectly. vii.I/We hereby confirm that our Company/Business shall abide by the above terms and conditions with regard to importation and marketing of petroleum products in Kenya. I/We also understand that the trade licence issued for importation of petroleum for the Kenyan market is subject to these conditions. Nameof Company: Name and ID of person signing the Declaration: Designation and telephone No.: Signature & Stamp: Date: FOR OFFICIAL USE ONLY ..1. Date application received: 2. Date of meeting of Petroleum Licensing Committee: 28th Nestcpbc.,,, 1008 THE. KENYA GAZETTE 3067 3. Deciiion of Petroleum Licensing Committee. Members present: Signature I. 2. 3. 4. If 'application is deferred or rejected, date of letter advising applicant accordingly. 4. Date of review of application Decision of Committee Members present: Signature 1. 2. 3. 4. 4. Licence details No. Date issued Expiry date Form No. 2 (Regulations, 8,9.10.11,12,13) PETROLEUM BUSINESS LICENCE Licence is hereby granted to of P.O. Box to carry on the following petroleum business: on premises situated at Plot No.: Building: Street/Market: Town/District: This licence expires on: Dated the this Signature (SEAL) Director General, Energy Regulatory Commission. • Dated the 24th November. 2008. KABURU MWIRICHIA, Director-General, Energy Regulator), Conunission. GAzErrE NOTICE No. 11384 THE LAND ACQUISITION ACT (Cap. 295) LAN ET NJORO TURNOFF- TIMBOROA ROAD PROJECT Addendum • In Gazette Notice Nos. 9823 and 9824 of 1st December, 2006; amend as follciws: Registration Section Registered Owner Area to he . acquired (Ha.) L.R. No. 9950/1 - Richard Ingram Crawford 0.2065 Inquiries will be held at DC's office. Nakuru on Thursday. 29th January, 2009 starting at 9.30 a.m. Dated the 31st October. 2008. Z. A. MABEA, aUmnissioner of Lands. GAzhi i Es NOTICE No. 11385 THE LAND ACQUISITION ACT (Cap. 295) LANET NJOROTURNOFF-TIMBOROA ROAD PROJECT In