Section 1
Preliminary - Purpose of this Act
Part I: Preliminary Section Purpose of this Act Section The purpose of this Act is to operationalise the National Oil and Gas Policy of Uganda by— creating a conducive environment for the efficient management of petroleum resources of Uganda including— establishing an effective legal framework and institutional structures to ensure that the exploration , development and production of petroleum resources of Uganda is carried out in a sustainable manner that guarantees optimum benefits for all Ugandans, both the present and future generations; promotion of reconnaissance and exploration for petroleum in Uganda; evaluation of discoveries; development and production of petroleum resources; storage of petroleum before transporting it to the delivery point ; and transportation of petroleum up to a delivery point ; establishing institutions to manage the petroleum resources and regulate the petroleum activities; regulating petroleum activities, including licensing, exploration , development , production and cessation of petroleum activities or decommissioning; ensuring public safety and protection of public health and the environment in petroleum activities; supporting the development of State participation...
Section 2
Preliminary - Interpretation
Part I: Preliminary Section Interpretation Section In this Act , unless the context otherwise requires— " Act " means the Petroleum (Exploration, Development and Production) Act; " Authority " means the Petroleum Authority of Uganda established by section 9 ; " authorised officer " means an officer or other person acting under the authority of the Minister or the Authority under this Act ; " best petroleum industry practices " means the best available practices that are generally accepted as good, safe, transparent and efficient in carrying out petroleum activities and that can be applied globally under similar circumstances; " block " means acreage which may be stratigrafically delineated as provided for in schedule 3 to this Act and includes part of a block as constituted; " code of practice " means a code of practice issued by the Minister under section 184 ; " crude oil " means a naturally occurring liquid consisting of a mixture of hydrocarbons and other organic compounds found beneath the earth’s surface; " currency point " has the value assigned to it in Schedule 1; " delivery point " means the point at which petroleum passes through the intake valve of the pipeline, vessel, vehicle or craft at...
Section 3
Preliminary - Compliance with environmental principles
Part I: Preliminary Section Compliance with environmental principles Section A licensee and any other person who exercises or performs functions, duties or powers under this Act in relation to petroleum activities shall comply with environmental principles and safeguards prescribed by the National Environment Management Act and other applicable laws. A licensee shall ensure that the management of production , transportation , storage, treatment and disposal of waste arising out of petroleum activities is carried out in accordance with environmental principles and safeguards prescribed under the National Environment Management Act and other applicable laws. A licensee shall contract a separate entity to manage the transportation , storage, treatment or disposal of waste arising out of petroleum activities. For the avoidance of doubt, the licensee shall remain responsible for the activities of the entity referred to under subsection (3). The National Environment Management Authority in consultation with the Authority , may grant a licence for the management, transportation , storage, treatment or disposal of waste arising out of petroleum activities to an entity contracted by a licensee under subsection...
Section 4
Petroleum rights - Vesting of petroleum rights
Part II: Petroleum rights Section Vesting of petroleum rights Section In accordance with article 244 of the Constitution, the entire property in, and the control of, petroleum in its natural condition in, on or under any land or waters in Uganda is vested in the Government on behalf of the Republic of Uganda. For the avoidance of doubt, the Government of Uganda shall hold petroleum rights on behalf of and for the benefit of the people of Uganda.
Section 5
Petroleum rights - Prohibition of petroleum activities without authorisation
Part II: Petroleum rights Section Prohibition of petroleum activities without authorisation Section A person who contravenes subsection (1) commits an offence and is liable on conviction— Petroleum activities under Ugandan jurisdiction shall not be conducted without an authorisation, licence , permit or approval in accordance with this Act . if an individual, to a fine not exceeding one hundred thousand currency points or imprisonment not exceeding ten years or both; and if a body corporate, to a fine not exceeding one million currency points.
Section 6
Petroleum rights - Agreements with Government
Part II: Petroleum rights Section Agreements with Government Section The Government may enter into an agreement relating to petroleum activities and consistent with this Act , with any person with respect to the following matters— the grant of a licence ; the conditions for granting or renewing a licence ; the conduct by a person, of petroleum activities on behalf of any person to whom a licence is granted; and any other matter incidental or connected to the matters in paragraphs (a), (b) and (c). The Minister shall develop or cause to be developed a model Production Sharing Agreement or any other model agreement as may be entered into by Government under this section which shall be submitted to Cabinet for approval. The Minister shall lay before Parliament the model Production Sharing Agreement or any other model agreement approved by Cabinet under subsection (2). A model agreement approved by Cabinet shall guide negotiations of any future agreements under this section.
Section 7
Petroleum rights - Graticulation of the earth’s surface
Part II: Petroleum rights Section Graticulation of the earth’s surface Section For the purposes of this Act , the surface of the earth shall be deemed to be divided into graticular sections or blocks in the manner set out in Schedule 3.
Section 47
Licensing - Opening up of new areas for petroleum activities
Part IV: Licensing Section Opening up of new areas for petroleum activities Section The Minister may open up areas for petroleum activities. The Minister shall, before opening up areas that have not been previously licensed with a view to allowing petroleum activities, ensure that an evaluation of preliminary geological, geophysical and geochemical data is conducted. In an evaluation under subsection (2), an assessment shall be made of the impact of the petroleum activities on trade, industry and the environment, and of possible risks of pollution , as well as the economic and social effects that may result from the petroleum activities. The Minister shall submit to Parliament a report detailing the areas to be opened up for petroleum activities and the evaluation and impact assessment conducted under subsections (2) and (3). The Minister shall make a public announcement of areas to be opened up for petroleum activities and shall, in the announcement, make the impact assessments conducted under subsection (3) available to the public, affected local authorities, government agencies and associations or organisations which are likely to have a particular interest in the matter. Interested parties may, w...
Section 128
Use of licence as security - Use of licence as security
Part IX: Use of licence as security Section Use of licence as security Section The Minister may, in consultation with the Authority , consent to the use of a production licence by a licensee under this Act as security of his or her share of the licence as part of the financing of the activities associated with the production licence in a manner prescribed by regulations . The security referred to in subsection (1) shall only be in relation to the licensee ’s share or entitlement of the future revenue obtained from production of petroleum as provided for in the agreement.
Section 100
Development and production of petroleum - Restrictions on flaring and gas venting
Part V: Development and production of petroleum Section Restrictions on flaring and gas venting Section Disposal of gas by flaring or gas venting for normal operational safety under subsection (1) shall require the written consent of the Authority where— Where a licensee gas vents or flares under subsection (4), the licensee shall— A licensee shall not flare or vent petroleum in excess of the quantities needed for normal operational safety without the approval of the Minister on the advice of the Authority . All facilities shall be planned and constructed so as to avoid gas venting or flaring under normal operating conditions. it is necessary in the interests of the safety of the petroleum activities; or it is necessary in order to comply with a requirement imposed by or under any law in Uganda. In the case of an emergency, the licensee may gas vent or flare without the consent of the Authority under subsection (3). ensure that the gas venting or flaring is kept at the lowest possible level; and submit to the Authority a technical report detailing the nature and circumstances that caused the emergency situation. A person who contravenes subsection (5) commits an offence and on conviction shall be liable to pay a fine not exceedi...
Section 101
Development and production of petroleum - Restriction on removal of petroleum
Part V: Development and production of petroleum Section Restriction on removal of petroleum Section Petroleum shall not be removed from the development area from which it has been recovered to any other area, or disposed of in any manner, except— A person who contravenes subsection (1) commits an offence and is liable on conviction— by a licensee , with the written consent of the Authority , for the purpose of sampling or analysis; by a licensee in accordance with the conditions of his or her licence ; or as otherwise permitted by this Act . in the case of an individual, to a fine not exceeding two hundred thousand currency points or imprisonment not exceeding ten years or both; in the case of a body corporate, to a fine not exceeding five hundred thousand currency points.
Section 102
Development and production of petroleum - Directions for recovery of petroleum
Part V: Development and production of petroleum Section Directions for recovery of petroleum Section Where petroleum is not being recovered in a development area in which the Authority is satisfied that there is recoverable petroleum , the Authority may direct the licensee to take all necessary and practicable steps to recover that petroleum in accordance with this Act . Where the Authority is not satisfied with the steps taken by a licensee to whom a direction has been given under subsection (1), the Authority may, by notice in writing served on the licensee , give to the licensee such directions, specified in the notice, as the Authority considers necessary for or in relation to the recovery of petroleum in the development area , and the licensee shall comply with the directions. Where petroleum is being recovered in a development area , the Authority may, by notice in writing served on the licensee , direct the licensee to take all necessary and practicable steps to increase the rate at which the petroleum is being recovered to a rate not exceeding the capacity of existing production facilities, as the Authority may specify in the notice. Where the Authority is not satisfied with the steps taken by a licensee to whom a direct...
Section 103
Development and production of petroleum - Postponement of development or production
Part V: Development and production of petroleum Section Postponement of development or production Section The Minister may, in consultation with the Authority and the licensee , postpone petroleum development or production of a field . Where development or production is postponed under subsection (1), the provisions relating to extension of the licence , extension of the time limit set for implementing the work obligation and payment of area fee during the extension period shall apply accordingly.
Section 104
Development and production of petroleum - Coordination of activities across licence boundaries
Part V: Development and production of petroleum Section Coordination of activities across licence boundaries Section Where a reservoir extends over more than one licence area with different licensees, the licenses shall agree on the most efficient co-ordination of the petroleum activities in connection with the reservoir , as well as on the apportionment of the petroleum reservoir . Where consensus on agreements is not reached within a reasonable time, the Authority may determine how joint petroleum activities shall be conducted, including the apportionment of the reservoir . Agreements on joint exploration drilling shall be submitted to the Minister for approval. Agreements on joint production , transportation and cessation of petroleum activities shall be submitted to the Minister for approval.
Section 105
Development and production of petroleum - Unit development
Part V: Development and production of petroleum Section Unit development Section Where— A licensee may, from time to time, enter into an agreement in writing with another person for or in relation to the unit development of a reservoir . In this section, "unit development ", in relation to a reservoir , means the coordination of operations for the recovery of petroleum being carried out or to be carried out in a development area in which there is part of the reservoir , with other operations for the recovery of petroleum being carried out or to be carried out in any other development area in which there is part of the same reservoir . The agreement referred to in subsection (1) shall be entered into within the period specified by the Authority in the direction and the agreement shall be submitted to the Authority for approval. a licensee fails to enter into an agreement for or in relation to the unit development of a reservoir within the specified period in subsection (3); or a licensee fails to submit the agreement entered into to the Authority in accordance with subsection (3),
Section 106
Development and production of petroleum - Natural resources other than petroleum resources
Part V: Development and production of petroleum Section Natural resources other than petroleum resources Section A petroleum production licence shall not preclude the granting to a person other than the licensee , the right to undertake exploration for and production of natural resources other than petroleum and scientific research, provided it does not cause unreasonable inconvenience to the petroleum activities conducted by a licensee under the petroleum production licence .
Section 107
Development and production of petroleum - Inspection and sampling of petroleum
Part V: Development and production of petroleum Section Inspection and sampling of petroleum Section The Authority may, by notice in the Gazette , authorise any officer by name or by virtue of office to enter any place where petroleum activities are carried out and inspect or take samples for testing of any petroleum found in that place.
Section 108
Development and production of petroleum - Reporting requirement
Part V: Development and production of petroleum Section Reporting requirement Section The licensee shall submit to the Authority information pertaining to— the volume of petroleum produced and on the composition of the petroleum including test production and the recovery of petroleum in connection with formation testing; the use, injection, gas venting and flaring of petroleum and the information shall, as far as possible, be based on metering; and the volumes and other results of monitoring as well as monitoring procedure.
Section 109
Development and production of petroleum - Testing of petroleum
Part V: Development and production of petroleum Section Testing of petroleum Section The Authority shall designate an officer who shall be responsible for testing the petroleum samples taken under this Act , or which may have been submitted to the officer for testing by the licensee .
Section 110
Development and production of petroleum - Manner of testing
Part V: Development and production of petroleum Section Manner of testing Section All tests of petroleum done under this Act shall be conducted with approved test apparatus in a manner prescribed by regulations .
Section 111
Development and production of petroleum - Certificate of testing
Part V: Development and production of petroleum Section Certificate of testing Section An officer who conducts a test on petroleum shall issue a certificate in the prescribed form.
Section 96
Development and production of petroleum - Production permit
Part V: Development and production of petroleum Section Production permit Section The Minister shall, in consultation with the Authority , before or concurrently with a petroleum production licensee approve the production schedule contained in the field development plan and issue an annual production permit to the licensee . The Minister may, in consultation with the Authority , upon application from the licensee , approve for a fixed period of time, the quantity of the petroleum which may be produced or injected at all times. An application under subsection (2) shall be submitted in a form at such times and shall have such contents as prescribed by regulations . The Minister may, in consultation with the Authority , stipulate that the production shall be increased or reduced in relation to the approved production plan and shall apportion the increase or reduction proportionately between the relevant reservoirs and give special consideration to long-term agreements for the supply of natural gas . The Minister shall, in consultation with the Authority , upon application made by the licensee , approve test production of a reservoir , and the duration, quantity and other conditions for the test production . The Minister , shall in...
Section 97
Development and production of petroleum - Production of petroleum
Part V: Development and production of petroleum Section Production of petroleum Section The production of petroleum shall be done in such a manner that as much as possible of the petroleum in each individual reservoir , or in several reservoirs in combination, will be produced. The production of petroleum shall take place in accordance with prudent technical and sound economic principles and in such a manner that waste of petroleum or reservoir pressure is avoided. A licensee shall carry out continuous evaluation of the production strategy and technology and shall take the necessary measures to improve on the production efficiency.
Section 98
Development and production of petroleum - Measurement of petroleum recovered
Part V: Development and production of petroleum Section Measurement of petroleum recovered Section The Minister may, by regulations , stipulate the equipment, methods and standards to be applied for measurement of petroleum produced, processed or transported for resource management, operational, economic and fiscal purposes. The Minister may stipulate in regulations that there shall be multiple measurement points.
Section 99
Development and production of petroleum - Methods and practices for storage of petroleum
Part V: Development and production of petroleum Section Methods and practices for storage of petroleum Section A licensee shall use approved methods and practices acceptable to the Authority for storing of the petroleum recovered from the relevant area in tanks, gasholders, pipes, pipelines or other receptacles constructed for that purpose. Petroleum shall only be placed or kept in an earthen reservoir as a temporary measure during an emergency, or for test purposes in a remote area, for which the prior consent of the Authority has been obtained.
Section 112
Cessation of petroleum activities - Decommissioning plan
Part VI: Cessation of petroleum activities Section Decommissioning plan Section A licensee shall submit a decommissioning plan to the Authority — The licensee shall update the decommissioning plan— before a petroleum production licence or a specific licence to install and operate facilities expires or is surrendered; or before the use of a facility is terminated permanently. The plan referred to in subsection (1) shall contain proposals for continued production or shut down of production , decommissioning of facilities and any other information prescribed by regulations . The decommissioning of facilities referred to in subsection (2) may constitute further use of the facilities in the petroleum activities, other uses, complete or part removal and disposal or abandonment. The plan shall contain the information and evaluations deemed necessary in order to make a direction under section 115 (1). The Authority may on receipt of the plan require further information and evaluations, or may require a new or amended decommissioning plan. in conjunction with any subsequent application for a permit, to make additions or substantial changes to the facilities; whenever the expected method or costs of carrying out the decommissioning w...
Section 113
Cessation of petroleum activities - Decommissioning fund
Part VI: Cessation of petroleum activities Section Decommissioning fund Section Payments into the decommissioning fund shall commence from the calendar quarter in whichever of the following situations occurs— There shall be established a decommissioning fund for each development area or for other facilities operated in relation to a licence or permit under this Act for the purpose of costs related to the implementation of a decommissioning plan. The decommissioning fund shall be applied to the implementation of activities approved in the decommissioning plan. the petroleum production has reached fifty percent of the aggregate recoverable reserves as determined in an approved development plan and any successive reappraisal of such initial recoverable reserves; five years before the expiry of the licence ; or on notice of surrender. For every subsequent calendar quarter in which petroleum is produced or a facility operated, the Authority shall charge the licensee a portion of the estimated future cost for decommissioning of facilities to be deposited in the fund. The amount deposited in the decommissioning fund shall be charged as operating costs subject to the cost recovery limitations stipulated in the petroleum agreements...
Section 114
Cessation of petroleum activities - Notification of termination of use
Part VI: Cessation of petroleum activities Section Notification of termination of use Section The licensee shall notify the Authority of the time of termination of a facility if the use of the facility is expected to terminate permanently before the expiry of the licence .
Section 115
Cessation of petroleum activities - Disposal of decommissioned facilities
Part VI: Cessation of petroleum activities Section Disposal of decommissioned facilities Section The Authority may issue directions relating to the disposal of decommissioned facilities and shall stipulate a time limit for the implementation of the directions. Directions issued under subsection (1) shall be based, among other factors, on technical, safety, environmental and economic aspects as well as on consideration for other users. The Authority may stipulate specific conditions in connection with the directions. The licensee and the owner of a facility shall ensure that a direction relating to disposal is carried out, unless otherwise directed by the Authority . The obligation to carry out the direction relating to disposal applies even where the direction is made or is to be implemented after the expiry of the licence . Where the ownership of a facility has been transferred in accordance with this Act , the licensee and the owners shall jointly ensure that a direction relating to disposal is carried out, unless otherwise directed by the Authority . Where the direction is to the effect that the facility shall continue to be used in the petroleum activities or for other purposes, the licensee , owner and user are jointly...
Section 116
Cessation of petroleum activities - Removal of property by licensee
Part VI: Cessation of petroleum activities Section Removal of property by licensee Section Where a licence has been surrendered or has expired, or has by reason of relinquishment ceased to comprise any area subject to the licence , the Minister , shall by notice in writing served on the person who is or was the licensee , direct that person, within the period specified in the notice— to remove or cause to be removed from the area which was, but no longer is, subject to the licence all property brought into that area by any person engaged or concerned in the petroleum activities authorised by the licence , or to make arrangements that are satisfactory to the Authority with respect to that property; to plug or close off, to the satisfaction of the Authority , all wells drilled in that area by any person engaged or concerned in those operations; and to make provision, to the satisfaction of the Authority , for the conservation and protection of the natural resources in that area. A direction given under subsection (1) shall be consistent with best petroleum industry practices , and nothing in this section or in any direction shall be construed as requiring any person who is or was the licensee to do anything which is not in ac...
Section 117
Cessation of petroleum activities - Removal and sale of property
Part VI: Cessation of petroleum activities Section Removal and sale of property Section Subject to section 120 and to the approval of the Minister, where a direction given under section 115 (1) or 116 (1) has not been complied with, the Authority may— The Authority may deduct from the proceeds of a sale of property under subsection (1)— The costs and expenses incurred by the Authority under subsection (1)— do or cause to be done all or any of the things required by the direction to be done; remove or cause to be removed, in such manner as the Authority deems fit, all or any of the property from the area concerned; dispose of, in such manner as the Authority deems fit, all or any of the property from the area concerned; and if the Authority has served a copy of the notice by which the direction was given on a person to whom the Authority is satisfied to be an owner of the property or part of the property, sell or cause to be sold by public auction or otherwise as the Authority deems fit, all or any of the property referred to in this section that belongs, or that the Authority believes, belongs to that person. the costs and expenses incurred by the Authority under that subsection in relation to that property; the costs and e...
Section 118
Cessation of petroleum activities - Liability for damages for disposal of decommissioned facility
Part VI: Cessation of petroleum activities Section Liability for damages for disposal of decommissioned facility Section A person under obligation to implement a decision relating to disposal of a decommissioned facility under section 115 is liable for damage or inconvenience caused in connection with the disposal of the facility or other implementation of the decision. Where the licensee or owner abandons a facility , the licensee or owner is liable for damage caused in connection with the abandoned facility . Where there is more than one party liable under subsection (1) or (2), they shall be jointly and severally liable for all financial obligations. Where it is decided to abandon the facility , it may be agreed among the licensees and the owners and the Government, that future maintenance, responsibility and liability shall be taken over by the State, based on an agreed financial compensation.
Section 119
Cessation of petroleum activities - Encumbrances
Part VI: Cessation of petroleum activities Section Encumbrances Section Where the Government requires the removal of a facility , any lien, charge or encumbrance on the facility shall lapse. Subsection (1) applies where the Government takes over the facility under section 120 , except that in any such case, any right of use established with the consent of the Minister shall remain in force.
Section 120
Cessation of petroleum activities - Takeover of facilities by Government
Part VI: Cessation of petroleum activities Section Takeover of facilities by Government Section The Government may take over the facilities of the licensee when— a licence expires; a licence is surrendered or cancelled; the licensee ’s costs have been fully recovered; or the use of the facility has been terminated permanently. In the event of takeover of a facility subject to private property rights, compensation shall be paid where required by law and in accordance with the procedure prescribed by regulations . Where the Government takes over a facility , the facility with its accessories shall be kept in such condition as adequate maintenance to ensure functional capability for operation would require. Any dispute regarding subsection (2) and, where applicable, regarding the compensation to be paid to the Government for lack of maintenance, shall be determined by the Chief Government Valuer. Where the Government takes over a facility under this section, the licensee may continue operating the facility upon payment of the prescribed fee where the licensee is not in default. The takeover of facilities under this section shall not apply to properties or facilities that do not belong to the licensee .
Section 121
Supplies and pricing - Supplies to cover Uganda requirements
Part VII: Supplies and pricing Section Supplies to cover Uganda requirements Section The Minister may with the approval of Cabinet direct the licensee to make deliveries from the licensee ’s production to cover Uganda requirements and may further direct to whom such petroleum shall be delivered. The Minister may by regulations prescribe the circumstances under which subsection (1) above shall apply. Where the Minister directs the licensee to make deliveries under subsection (1), the Minister shall give the licensee forty five days notice before the delivery is made. The price paid for the petroleum delivered under this section shall be determined in accordance with section 123 , with the addition of transportation costs.
Section 122
Supplies and pricing - Supplies in case of war, threat of war or other crisis
Part VII: Supplies and pricing Section Supplies in case of war, threat of war or other crisis Section Subject to Article 26 of the Constitution, in case of war, threat of war, natural disaster or other extraordinary crisis, the Minister may, with the approval of Cabinet, direct a licensee to place petroleum at the disposal of the State. Section 123 shall apply to the pricing of petroleum supplied under subsection (1) unless the particular situation warrants otherwise. In case a situation under subsection (2) occurs, the Minister shall, in consultation with the Minister responsible for finance and the licensee , determine the price. The Minister shall report to Parliament on the performance of the functions given to the Minister under section 121 and this section within six months of the performance of any such functions.
Section 123
Supplies and pricing - Pricing of petroleum
Part VII: Supplies and pricing Section Pricing of petroleum Section The pricing of petroleum shall be in accordance with the method prescribed by regulations and shall take into account international oil and gas prices.
Section 124
State participation and national content - State participation in petroleum activities
Part VIII: State participation and national content Section State participation in petroleum activities Section Government may participate in petroleum activities under this Act through a specified participating interest of a licence , or contract granted under this Act and in the joint venture established by a joint operating agreement in accordance with the licence and this Act . When announcing areas for granting of petroleum exploration licences according to this Act , the Minister shall, with the approval of Cabinet, specify the maximum Government share which may be exercised by the Government under subsection (1).
Section 125
State participation and national content - Provision of goods and services by Uganda entrepreneurs
Part VIII: State participation and national content Section Provision of goods and services by Uganda entrepreneurs Section The licensee , its contractors and subcontractors shall ensure that the entities referred to in subsection (1) are— The entities referred to in subsection (1) shall— The licensee , its contractors and subcontractors shall give preference to goods which are produced or available in Uganda and services which are rendered by Ugandan citizens and companies. Where the goods and services required by the contactor or licensee are not available in Uganda, they shall be provided by a company which has entered into a joint venture with a Ugandan company provided that the Ugandan company has a share capital of at least forty eight percent in the joint venture. notified of the quality, health, safety and environment standards required by the licensee ; and notified of the upcoming contracts as early as practicable. have capacity to add value to meet the health, safety and environment standards of the petroleum activities carried out by the licensee ; and be approved in accordance with criteria prescribed by the Minister by regulations . Within sixty days after the end of each calendar year, the licensee shall provide the A...
Section 126
State participation and national content - Training and employment of Ugandans
Part VIII: State participation and national content Section Training and employment of Ugandans Section The licensee shall, within twelve months after the grant of a licence , and on each subsequent anniversary of that grant, submit to the Authority for approval, a detailed programme for recruitment and training of Ugandans. The programme shall provide for the training and recruitment of Ugandans in all phases of petroleum activities and shall take into account gender, equity, persons with disabilities and host communities. In this section, "host communities" means the inhabitants of the district in which petroleum activities take place. Where a programme or a scholarship proposed to be awarded under this section has been approved by the Authority , it shall not be varied without the permission of the Authority . The licensee shall submit to the Authority a report on the execution of the programme under this section annually.
Section 127
State participation and national content - Training and technology transfer
Part VIII: State participation and national content Section Training and technology transfer Section A licence shall include a clearly defined training programme for the Ugandan employees of the licensee , which may be carried out in or outside Uganda and may include scholarships and other financial support for education. A licence shall include a commitment by the licensee to maximise knowledge transfer to Ugandans and to establish in Uganda, management and technical capabilities and any necessary facilities for technical work, including the interpretation of data. Regulations made under section 183 shall prescribe the requirements for technology transfer of knowledge and skills relating to petroleum industry to Ugandans to be employed by the licensees. The technology transfer required under sub section (2) shall be a shared responsibility between the Government and the licensee .
Section 129
Liability for damage due to pollution - Pollution damage
Part X: Liability for damage due to pollution Section Pollution damage Section This Part applies to liability for pollution damage from a facility when the damage occurs in Uganda or affects a Ugandan vessel or a Ugandan facility in adjacent areas. Subject to the provisions of this Act , the Minister may, by agreement with a foreign State issue rules relating to liability for pollution damage caused by petroleum activities. Rules made under subsection (2) shall not restrict the right to compensation according to this Act in respect of any injured party under Ugandan jurisdiction.
Section 130
Liability for damage due to pollution - Liability of licensee for pollution damage
Part X: Liability for damage due to pollution Section Liability of licensee for pollution damage Section Where it is demonstrated that an inevitable event of nature, act of war, exercise of public authority or a similar force majeure event has contributed to a considerable degree to the damage or its extent under circumstances which are beyond the control of the licensee , the liability may be reduced to the extent it is reasonable, with particular consideration to— A licensee is liable for pollution damage without regard to fault. the scope of the activity; the situation of the party that has sustained the damage; and the opportunity for taking out insurance on both sides.
Section 131
Liability for damage due to pollution - Liability for pollution damage caused without a licence
Part X: Liability for damage due to pollution Section Liability for pollution damage caused without a licence Section Where pollution damage occurs during a petroleum activity and the activity has been conducted without a licence , the party that conducted the petroleum activity is liable for the damage, regardless of fault. The same liability rests on any other person who has taken part in the petroleum activity , and who knew, or should have known, that the activity was conducted without a licence .
Section 132
Liability for damage due to pollution - Claiming of damages
Part X: Liability for damage due to pollution Section Claiming of damages Section Liability for pollution damage may not be claimed against— The liability of a licensee for pollution damage may be claimed in accordance with this Act and any other applicable law. any person who by agreement with a licensee or his or her contractors has performed tasks or work in connection with petroleum activities; any person who has manufactured or delivered equipment to be used in petroleum activities; any person who undertakes measures to avert or limit pollution damage , or to save life or rescue values which have been endangered in connection with the petroleum activities, unless the measures are performed in conflict with prohibitions imposed by a public authority or are performed by a person other than a public authority regardless of express prohibition by the operator or the owner of the values threatened; or any person employed by a licensee or by a person referred to in paragraph (a), (b) or (c). Where a licensee has been ordered by court to pay compensation for pollution damage , but fails to pay within the time stipulated by the judgment, the party that has sustained damage may bring an action against the party that has caused the...
Section 133
Liability for damage due to pollution - Recourse for pollution damage
Part X: Liability for damage due to pollution Section Recourse for pollution damage Section A licensee may not claim compensation for pollution damage against a person exempted from liability under section 132 (2) except where the person in question or a person in his or her service has acted willfully or negligently. Recourse liability may be mitigated to the extent that it is considered reasonable in view of manifested conduct, economic ability and the circumstances in general. Any agreement on further recourse in respect of persons against whom liability cannot be claimed under section 132 (2) contrary to that section is invalid.
Section 134
Liability for damage due to pollution - Jurisdiction
Part X: Liability for damage due to pollution Section Jurisdiction Section Legal action for compensation for pollution damage shall be brought before a competent court in the area where the effluence or discharge of petroleum takes place or where damage is caused.
Section 135
Restrictions and surface rights - Restrictions and rights of others
Part XI: Restrictions and surface rights Section Restrictions and rights of others Section A licensee shall not exercise any right under a licence — without the written consent of the land owner — without the written consent of the relevant authority, upon any land dedicated or set apart for a public purpose or for a place of burial, or upon land over which a mining lease, an exploration licence or a right to cultural site has been granted; upon any land which is the site of or which is within two hundred meters of any inhabited, occupied or temporarily unoccupied house or building; within fifty metres of any land which has been cleared or ploughed or otherwise bona fide prepared for the growing of agricultural crops or on which agricultural crops are growing; upon any land from which, during the year immediately preceding, agricultural crops have been reaped; or upon any land which is the site of or which is within one hundred metres of a cattle dip-tank, dam or water used by human beings or cattle. in a national park or wildlife reserve without the written authority of the Uganda Wildlife Authority ; in a forest reserve without the written consent of the National Forestry Authority ; upon any land reserved for the purpo...
Section 136
Restrictions and surface rights - Right to surface activities
Part XI: Restrictions and surface rights Section Right to surface activities Section A land owner in an exploration or development area shall retain the right to graze stock upon or to cultivate the surface of the land insofar as the grazing or cultivation does not interfere with petroleum activities or safety zones in the area. In the case of a development area , the land owner within the area shall not erect any building or structure on the land without the written consent of the licensee or, if the consent is unreasonably withheld, the written consent of the Minister in consultation with the Authority . The rights conferred by a licence shall be exercised reasonably so as to affect as little as possible the interests of any land owner of the land on which the rights are exercised; and petroleum activities shall be carried out in a proper manner.
Section 137
Restrictions and surface rights - Rights to subsurface activities
Part XI: Restrictions and surface rights Section Rights to subsurface activities Section A land owner or licensee with a different licence other than one under this Act shall, with regard to an exploration or development area , retain the right to movement and other activities where the subsurface activities do not interfere with an exclusive right, or with petroleum activities in the area.