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• Petroleum Products Storage Regulations

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DECLARATION OF A PETROLEUM PRODUCTS SUPPLY EMERGENCY

1. The Minister shall declare a petroleum products supply emergency to set the Emergency Petroleum Products Supply Plan activities into action.
2. The Ministry or its designated agency shall be primarily responsible for the management of a petroleum products supply emergency.
3. The Ministry shall set up a Taskforce for the execution of its response to a petroleum products supply emergency.
4. The Taskforce shall comprise;
   1. the Minister, who shall be the Chairperson,
   2. the Commissioner, who shall be the Deputy Chairperson;
   3. a representative of the Ministry of Finance and Economic Affairs;
   4. a representative of the Ministry of Trade, Regional  Integration and Employment;
   5. a representative of the Ministry of Transport, Works and Infrastructure;
   6. a representative of the Ministry of Environment, Climate Change and Natural Resources;
   7. a representative of the Gambia immigration Department;
   8. a representative of the Gambia Ports Authority;
   9. a representative of the Public Utilities Regulatory Authority;
   10. a representative of the Gambia Revenue Authority;
   11. a representative of oil marketing companies in The Gambia; and
   12. a representative of petroleum importers in The Gambia.          
5. The Taskforce shall handle administration, information communication, inquiries and complaints, and resolve any disputes that may arise between the customers and the petroleum companies that supply them.
6. The Ministry shall work closely with the National Disaster   Management Agency at all times during an emergency situation.

PREPAREDNESS ACTIVITIES

1. The Authority and petroleum suppliers shall -
   1. manage and operate their respective parts of the petroleum supply chain in accordance with the laws, regulations, established requirements and best practices in the petroleum sector; and
   2. collaborate to designs locate and install systems and facilities that will deal efficiently and effectively with emergency situations.
2. The Ministry and operators of storage facilities shall maintain up-to-date information, during normal and emergency situations, regarding petroleum supply, petroleum demand, and damage to petroleum supply and petroleum distribution systems.
3. The Ministry shall use the following colour-coded alert system to identify different levels of preparedness;
   1. Green alert - indicates a normal situation in particular that forty-five days stock is available within the country plus stock in transit;
   2. Yellow alert - indicates that thirty days stock is available within the country and there is no stock in transit; and
   3. Red alert - indicates an emergency situation in particular that there is less than fifteen days stock available within the country and there is no stock in transit.
4. The Ministry shall, when there is less than twenty-one days stock, with or without stock in transit, establish the Taskforce to start consultations and monitor the situation.
5. The operators of petroleum storage facilities shall maintain strategic stocks of petroleum products covering a minimum of thirty days at all times.
6. The Authority shall;
   1. approve and document procedures for importers to respond to petroleum supply emergency situations.
   2.  maintain inventories of suppliers and emergency response organisations including names, addresses and telephone  numbers of their contact personnel;
   3.  develop and maintain operating procedures for actions to take during an emergency; and
   4.  ensure that personnel are aware of their responsibilities and are trained in emergency operations.    

RESPONSE TRIGGER PROCEDURE

1. The Minister shall by Order published in the gazette declare an emergency situation.
2. After declaring an emergency situation, the Minister shall;
   1. issue a public notice, which shall;
      1. establish an essential service providers programme;
      2. specify the commencement date and the duration of the programme;
      3. specify the composition of the list; and
      4. specify the roles of the various stakeholders in the implementation of the programme.
   2. notify the representatives of all petroleum companies operating in the country, of the programme and the list; and
   3. establish the Taskforce.
3. The Ministry may issue a press release notifying the public that the programme shall become operational on an appointed day;
4. The Minister may require each petroleum company participating in the programme to designate a representative to assist in developing procedures for processing certification of applications; and
5. The Ministry shall send to petroleum companies and local government authorities, an information package containing the Order, the press release, a certification application, and all regulations pertaining to the programme.

COORDINATION

The Taskforce shall;

1. put in place an efficient coordination mechanism for timely and direct information dissemination to all stakeholders including local government authorities;
2. guide the oil marketing companies on issues of handling additional fuel requests from the list; and 
3. inform stakeholders of the mechanism in place for dispute resolution.

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• Petroleum Products Emergency Supply Plan Regulations

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PROHIBITION AGAINST OPERATING A ROAD TRANSPORT BUSINESS WITHOUT A LICENSE

1. A person shall not operate a petroleum products road transport business unless he or she is licensed in accordance with these Regulations.
2. The Authority or its agents shall direct a person who operates a petroleum products road transport business without a license to cease operating it until he or she obtains the required license.

APPLICATION FOR A LICENSE

1. A person who intends to operate a petroleum products road transport business shall apply for a license.
2. The applicant shall complete the relevant form issued by the Authority, and shall -
   1. in the case of a body corporate or unincorporated, submit the form to the Authority, together with the following document;
      1. proof of payment of the relevant license fees;
      2. a certified copy of its registration certificate, certificate of incorporation, memorandum and articles of association, deed or such other documents that provide evidence of its legal status; and
      3. a copy of its Tax Identification Number (TIN) certificate; or
   2. in the case of a natural person, submit the form to the Authority, together with the following documents;
      1. proof of payment of the relevant license fee;
      2. a certified copy of the person's national identity card or passport; and
      3. a copy of his or her Tax Identification Number (TIN) certificate.
3. The applicant shall in addition submit to the Authority;
   1. the tanker's certificate of insurance;
   2. a certificate from the manufacturer of the tanker, showing that the tanker was constructed and is certified for the purpose of transporting petroleum products;
   3. an inventory of the intended cargo of the tanker;
   4. a material safety data sheet pertaining to the tanker;
   5. the destination of the intended cargo; and
   6. a clear indication of the route, and any alternative route, to be followed by the tanker.

EVALUATION OF APPLICATION DOSSIER

The Authority shall verify the accuracy of the information provided by an applicant and may request for such additional information from a person as may be necessary to enable the Minister to make a decision regarding the issuing of a license.

ISSUING OF A LICENSE

1. The Minister shall issue a license to an applicant in the appropriate form issued by the Authority and shall state the conditions of the license.
2. A license issued in terms of these Regulations;
   1. remains the property of the Authority;
   2. may be modified, suspended, revoked or amended at any time subject to compliance with the Act;
   3. may not be tampered with or defaced in any manner; and
   4. is not transferable without the consent in writing of the Authority.

GENERAL OBLIGATIONS OF LICENSEES

A licensee shall;

1. transport only a petroleum product of a standard approved by the Authority;
2. comply with the requirements of the Act, these Regulations and any the other applicable laws;
3. transport a petroleum product only for a person who holds a valid license issued under the Act;
4. use only a designated or prescribed transport route;
5. load a petroleum product only from a petroleum storage facility that is licensed under the Act;
6. unload a petroleum product only to a licensed facility, to an end user for own consumption or, in the case of a petroleum product intended for export, at the destination outside the Gambia;
7. ensure that a tanker used in transporting petroleum products has a valid tanker license;
8. ensure that a tanker used in transporting petroleum is driven only by a person in possession of a valid driving licence in a relevant classification issued by the Gambia Police Force licensing department;
9. ensure that there is a safety and contingency plan in accordance with criteria set by the Authority;
10. implement regular pre-loading tanker inspection in accordance with a checklist approved by the Authority;
11. ensure that a tanker is driven only during the times authorised by law, where specified;
12. ensure that a tanker is parked only in a designated parking area, where it exists, or at least one hundred meters from any building, where designated parking does not exist;
13. ensure that the provisions of these Regulations and the conditions of the license and the tanker license is known to, and by all persons employed in or about the licensed premises or the tanker; and
14. ensure that an unauthorised person does not have access to a tanker.

SPECIFIC OBLIGATIONS RELATING TO LIQUEFIED PETROLEUM GAS

1. A licensee shall;
   1. handle and transport liquefied petroleum gas in compliance with the standards established by The Gambia Standards Bureau; and
   2. install one, or two, dry chemical fire extinguishers with an effective total rating of at least 40 BC on board a tanker or near a cargo tank used to transport liquefied petroleum gas.
2. A licensee shall not transport;
   1. a liquefied petroleum gas cylinder in a tanker unless the space intended to hold the cylinders is vented to the outside; and
   2. liquefied petroleum gas in a tanker unless the tanker has two wheel chocks on board.
3. A tanker driver shall;
   1. use a parking brake, an emergency break or a service brake to ensure that a tanker does not move during the unloading of liquefied petroleum gas; and
   2. set at least two chock blocks when unloading a tanker parked on a slope.

POWER OF INSPECTION

1. The Authority may inspect a tanker, any premises, or a facility reasonably suspected of being used for the business of transporting petroleum products to ascertain whether the provisions of the Act and these Regulations are being complied with.
2. Where the Authority determines that a tanker, any premises or a facility does not meet the requirements of the Act or these Regulations, the Authority may issue, in writing, such directive as it considers appropriate to the owner, operator or driver of the tanker or the owner, occupier or person in charge of the premises or facility to ensure compliance.
3. Where a directive requires a licensee to repair a tanker which, in the opinion of the Authority, may be necessary, the licensee shall execute the repairs within such period as may be specified by the directive.

REPORTING OF ACCIDENTS OR INCIDENTS

A licensee shall send;

1. an initial report in writing to the Authority within twenty-four hours; and
2. a detailed report within fourteen days, of any accident involving the transportation of petroleum which causes loss of life, personal injury, explosion, oil spill, fire or any other incident or accident causing significant harm or damage to the environment or to property.

SANCTIONS FOR CONTRAVENTION OF THE REGULATIONS

The Authority may, notwithstanding any other penalties that may be imposed under the Act, recommend to the Minister to suspend or revoke the petroleum products road transport business license of a person who contravenes any provision of these Regulations.

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• Petroleum Products Transportation Regulations

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APPLICATION FOR A LICENSE

A person who intends to import petroleum products into The Gambia shall complete the relevant form issued by the Authority and shall;

1. in the case of a body corporate or unincorporated, submit the form to the Authority, together with the following documents;
   1. proof of payment of the relevant license fees;
   2. a certified copy of its registration certificate, certificate of incorporation, memorandum and articles of association, deed or such other documents that provide evidence of its legal status;
   3. a copy of its Tax Identification Number (TIN) certificate; and
   4. a favourable bank reference supplied by its bank. or
2. in the case of a natural person, submit the form to the Authority together with the following documents;
   1. of payment of the relevant license fee;
   2. an import plan of at least twelve months; and
   3. a certified copy of the person's national identity card or passport.

PUBLICATION OF THE NOTICE OF APPLICATION

1. The Authority shall issue an official receipt to an applicant for a license indicating the date on, and time at, which the Authority received the application.
2. The Authority shall publish a notice of every application in at least two newspapers of nationwide circulation.
3. The publication of the application shall state;
   1. the name of the applicant;
   2. the serial application number issued by the Authority upon receipt of the application;
   3. the purpose of the application;
   4. where the application will be available for inspection by any member of the general public;
   5. the period within which an objection to the issuing of the license may submitted to the Authority; and
   6. the address of the Authority where objections may be submitted.
4. An application shall be available for inspection at the Authority's office.
5. A person who objects to the issuing of a license shall submit a written objection at least twenty working days from the date of publication of the notice of application.

LIST OF STORAGE AND DISTRIBUTION FACILITIES

A person who intends to store a petroleum product in The Gambia shall provide the Authority with a list of all storage and distribution facilities intended to be used in respect of the petroleum product, including shared storage and distribution facilities, with details of;

1. their location;
2. their capacity;
3. (c) their ownership, including the ownership of the land on which the storage facilities are situated, and, in the case of shared ownership, the basis of sharing; and
4. the names of any other persons sharing the same facilities.

APPLICATION FOR A LICENSE

A person who intends to import petroleum products into The Gambia shall complete the relevant form issued by the Authority and shall;

1. in the case of a body corporate or unincorporated, submit the form to the Authority, together with the following documents;
   1. proof of payment of the relevant license fees;
   2. a certified copy of its registration certificate, certificate of incorporation, memorandum and articles of association, deed or such other documents that provide evidence of its legal status;
   3. a copy of its Tax Identification Number (TIN) certificate; and
   4. a favourable bank reference supplied by its bank. or
2. in the case of a natural person, submit the form to the Authority together with the following documents;
   1. of payment of the relevant license fee;
   2. an import plan of at least twelve months; and
   3. a certified copy of the person's national identity card or passport.

PUBLICATION FOR THE NOTICE OF APPLICATION

1. The Authority shall issue an official receipt to an applicant for a license indicating the date on, and time at, which the Authority received the application.
2. The Authority shall publish a notice of every application in at least two newspapers of nationwide circulation.
3. The publication of the application shall state;
   1. the name of the applicant;
   2. the serial application number issued by the Authority upon receipt of the application;
   3. the purpose of the application;
   4. where the application will be available for inspection by any member of the general public;
   5. the period within which an objection to the issuing of the license may submitted to the Authority; and
   6. the address of the Authority where objections may be submitted.
4. An application shall be available for inspection at the Authority's office.
5. A person who objects to the issuing of a license shall submit a written objection at least twenty working days from the date of publication of the notice of application.

LIST OF DISTRIBUTION FACILITIES

A person who intends to store a petroleum product in The Gambia shall provide the Authority with a list of all storage and distribution facilities intended to be used in respect of the petroleum product, including shared storage and distribution facilities, with details of;

1. their location;
2. their capacity;
3. their ownership, including the ownership of the land on which the storage facilities are situated, and, in the case of shared ownership, the basis of sharing; and    
4. the names of any other persons sharing the same facilities.

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• Petroleum Products Importation Regulations

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LIST OF STORAGE AND DISTRIBUTION FACILITIES

A person who intends to operate a petroleum products service station shall provide the Authority with a list of all storage and distribution facilities intended to be used in respect of the petroleum product, including shared storage and distribution facilities, with details of;

1. their location;
2. their capacity;
3. their ownership, including the ownership of the land on which the storage facilities are situated, and, in the case of shared ownership, the basis of sharing; and
4. the names of any other persons sharing the same facilities.

ENVIRONMENTAL AND SUSTAINABLE MANAGMENT PLAN

1. A person who intends to operate a petroleum products service station shall prepare an environmental and sustainable management plan and submit the plan to the competent authority for approval.
2. The plan shall include;
   1. details and expertise of the author of the plan;
   2. a description of the environment likely to-be affected by the proposed service station activities;
   3. an assessment of the potential impact of the proposed; service station activities on the environment, socio-economic conditions and cultural heritage;
   4. a summary of the environmental impact assessment, the significance of the potential impact and the proposed measures for mitigating, managing or minimising adverse impacts;
   5. the mechanism for monitoring and assessing the performance of the plan;
   6. an undertaking by the applicant to implement the plan; and
   7. a financial plan, which shall include the method of providing security for mitigating, managing or minimising adverse environmental impacts and the total cost of mitigating, managing or minimising such impacts.
3. The intending operator shall provide security to cover the total cost of mitigating, managing or minimising adverse environmental impacts by one or more of the following methods -
   1. an approved contribution to a trust fund which shall be in the format approved by the Authority from time to time;
   2. a financial guarantee from a Gambian registered bank or any other bank or financial institution approved by the Commissioner guaranteeing the financial provision relating to the environmental and sustainable management plan in the format approved by the Commissioner from time to time; and
   3. an insurance cover against oil spillage and environmental damage.
4. The total cost of mitigating, managing or minimising adverse environmental impacts shall be determined in consultation with the competent authority and shall include detailed provision for costs that could be incurred in the event of -
   1. rehabilitating the land;
   2. preventing and managing pollution of the atmosphere;
   3. preventing and managing pollution of water and the soil; and
   4. preventing spillage and leakage, into the ground, of chemical substances associated with service station activities.
5. The intending operator shall submit to the Authority;  
   1. proof of contribution to a trust fund;
   2. a financial guarantee from a bank or financial institution; or
   3. payment of the required insurance cover, prior to the approval of the environmental and sustainable management plan.

PERSONS DISQUALIFIED FROM BEING ISSUED WITH A LICENSE

The Minister shall not issue a license to;

1. a body corporate or unincorporated which;
   1. is in liquidation proceedings other than a liquidation which forms part of a scheme for the reconstruction or amalgamation of the holder,
   2. is subject to an order made by a court of competent jurisdiction for its winding up or dissolution; or
   3. has entered into. a composition agreement with its creditors; end
2. a natural person who;
   1. is under the age of eighteen years,
   2. is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any written law,
   3. has entered into a composition agreement with his or her creditors,
   4. has taken advantage of any law for the benefit of his or her creditors, or
   5. is convicted of a tax offence.

ISSUING OF LICENSE

If the Minister is satisfied that an application for a service station license meets the requirements of the Act and these Regulations, the Minister shall;

1. cause the Authority to inform the applicant in writing that his or her application has been successful;
2. require the applicant to, within a reasonable period, pay the relevant license fee; and
3. on the advice of the Authority, issue the license upon proof of payment of the license fee.

APPLICATION FOR THE TRANSFER OR ASSIGNMENT OF A LICENSE

1. A person who intends to transfer or assign a license shall apply in writing to the Authority;
2. The same procedure for the processing of the application for the original license shall apply to the processing of the application for a transfer or an assignment of the license;
3. The approval of a transfer or an assignment of a license shall not change the remaining period of validity of the original license;
4. The transferee or assignee of a license shall be liable for all pending obligations or liabilities of the transferor or assignor under the Act and these Regulations;
5. Where a liability is discovered within three years after the effective date of a transfer or an assignment of a license, both the transferor or the assignor and the transferee or the assignee, as the case may be, shall be jointly and severally liable for that liability;
6. The Authority shall not approve a transfer or an assignment of a license by a company to an affiliate of that company, where the obligations of the affiliate are guaranteed by the transferor or the assignor, as the case may be; and
7. A license shall not be transferred or assigned to a person disqualified from being issued with a license under these Regulations and the Act.

APPLICATION FOR THE RENEWAL OF A LICENSE

1. A person whose license has expired may apply in writing to the Authority for renewal of the license three months before the date of its expiry,
2. The Minister may renew a license for a further period of five years.

REGISTRATION OF THE APPLICATIONS IN CENTRAL PETROLEUM REGISTER

The Commissioner shall record all applications in respect of service station licenses in the central petroleum register.

POWER OF THE MINISTER TO SUSPEND OR REVOKE A LICENSE

1. The Minister may suspend or revoke a license for;
   1. contravention of a provision of the Act or these Regulations;
   2. failure to comply with any condition of the license; or
   3. a false declaration, including any material non-disclosure which had influenced the Minister’s decision to issue the license.
2. The Minister may only suspend or revoke a license after -
   1. notifying the licensee in writing of the intention to revoke or suspend the license;
   2. setting out the particulars of the alleged contravention, failure or false declaration; and
   3. requesting the licensee to make such representations to the Minister as may be necessary.
3. The licensee may make representations to the Minister within thirty days of being notified in writing of the Minister's intention to suspend or revoke the license.
4. The Minister may consider any steps taken by the licensee to remedy the contravention or failure, or prevent the contravention or failure from being repeated, and any other relevant matter submitted by the person by way of representations.

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• Petroleum Products (Service Station) Regulations, 2018

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