CHAPTER 414
ENERGY AND WATER UTILITIES REGULATORY AUTHORITY ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Commencement.

   3.   Interpretation.

PART II
THE AUTHORITY

   4.   Establishment of the Authority.

   5.   Legal status and capacity of the Authority.

   6.   Duties of the Authority.

   7.   Functions of the Authority.

   8.   Establishment of the Board of Directors.

   9.   Establishment of the Nomination Committee and nominations.

   10.   Functions of the Nomination Committee.

   11.   Codes of conduct.

   12.   Conflict of interest.

   13.   Removal of members.

   14.   The Director-General.

   15.   Directors, consultants and other staff.

PART III
POWERS AND PROCEEDINGS OF THE AUTHORITY

   16.   General powers.

   17.   Power to regulate rates and charges.

   18.   Power to obtain information.

   19.   Power to hold inquiries.

   20.   Competition policy and contraventions of competition legislation.

   21.   Authority may sit in Divisions.

   22.   Delegation.

   23.   Consultation with consumers, industry and Government.

   24.   Public Register.

   25.   Confidentiality.

PART IV
REVIEW AND APPEALS PROCEDURE

   26.   Review panel.

   27.   Decision made under delegated power.

   28.   A decision by a Division to be placed on the Public Register.

   29.   Appeals to the Fair Competition Tribunal against decisions of the Authority.

PART V
THE COUNCIL

   30.   Establishment of the Council.

   31.   Functions and powers of the Council.

   32.   Proceedings of the Council.

   33.   Funds of the Council and annual report.

PART VI
COMPLAINTS AND DISPUTE RESOLUTION

   34.   Complaints.

   35.   Procedure and powers of the Authority.

   36.   Appeals to the Fair Competition Tribunal.

   37.   Inconsistency with sector legislation.

   38.   Inconsistency with the Fair Competition Act or the Standards Act.

PART VII
ENFORCEMENT AND COMPLIANCE

   39.   Compliance orders.

   40.   Rules and declarations.

   41.   Regulations.

   42.   Offences.

PART VIII
FINANCIAL PROVISIONS

   43.   Funds of the Authority.

   44.   Surplus funds.

   45.   Authority exempted from taxes.

   46.   Accounts and financial audit.

   47.   Performance audit.

   48.   Annual report.

   49.   Budget.

   49A.   Powers of the Minister responsible for finance.

PART IX
MISCELLANEOUS PROVISIONS

   50.   Existing licences, permits and contracts.

PART X
CONSEQUENTIAL AMENDMENTS TO SECTOR LEGISLATION

   51.   [Consequential amendments to Sector Legislation.]

SCHEDULES

CHAPTER 414
THE ENERGY AND WATER UTILITIES REGULATORY AUTHORITY ACT

An Act to establish a Regulatory Authority in relation to energy and water utilities and to provide for its operation in place of former Authorities and for related matters.

[.................]

Acts Nos.
11 of 2001
13 of 2008
3 of 2013

PART I
PRELIMINARY PROVISIONS (ss 1-3)

1.   Short title

   This Act may be cited as the Energy and Water Utilities Regulatory Authority Act.

2.   Commencement

   (1) This Act shall come into operation on such date as the Minister may, by notice published in the Gazette, appoint.

   (2) The Minister may appoint different dates for the commencement of different parts of the provisions of this Act.

3.   Interpretation

   In this Act unless the context requires otherwise–

   "annual report" means the annual report of the Authority referred to in section 32;

   "Authority" means Energy and Water Utilities Regulatory Authority established by section 4 or as known by its acronym EWURA;

   "award" means an award of the Authority referred to in section 36;

   "Board" means the Board of Directors of the authority referred to in section 8;

   "Chairman" means the person appointed as Chairman of the Authority under section 8 and includes the Deputy Chairman and any other person performing the functions of the Chairman;

   " class licence" means a licence that may be granted to two or more suppliers under sector legislation on standard terms and conditions or substantially standard terms and conditions;

   "Commission" means the Fair Competition Commission;

   "confidential material" means and includes the material which the Authority is satisfied that it is of confidential nature and–

   (a)   its disclosure could adversely affect the competitive position of any person;

   (b)   is commercially sensitive for some other reason;

   "Council" means the EWURA Consumer Consultative Council established under section 30;

   "Director-General" means the Director-General of the Authority appointed under section 14 of the Act;

   "Division" means a division of the Authority constituted under section 15;

   "Division Director" means a Division Director appointed under section 15;

   "Gazette" means the Government Gazette of the United Republic of Tanzania;

   "inquiry" means the inquiry instituted by the Authority pursuant to section 19;

   "Internal Review Committee" means the committee appointed by the Authority pursuant to section 29;

   "member" means any member of the Board of the Authority including the Chairman and Director-General;

   "Minister" means the Minister for the time being responsible for the Authority;

   "officer" means any member or employee of the EWURA;

   "Permanent Secretary" means the Permanent Secretary for the time being responsible for the Authority;

   "Public Register" means the Public Register of the Authority, kept by the Authority pursuant to section 24;

   "regulated goods" means any goods produced, supplied or offered for supply or for use in a regulated sector and includes any goods the Authority declares under section 40;

   "regulated goods and services" means any regulated goods and any regulated services;

   "regulated sector" means any one or more of the following–

   (a)   electricity;

   (b)   petroleum and natural gas pipeline transmission and natural gas distribution;

   (c)   distribution of water and sewerage;

   "regulated services" means any services supplied or offered for supply in a regulated sector and includes services which the Authority declares to be such services under section 40;

   "regulated supplier" means any person engaging in activities in or in connection with a regulated sector and includes any person whom the Authority declares under section 40 to be such supplier;

   "Review Panel" means the review panel established under section 26;

   "sector Act" means any of the statutes referred to in the Third and Fourth Schedules and any statutes amending or replacing those statutes;

   "sector legislation" means the legislation referred to in the Third Schedule;

   "sector Minister" means the Minister for the time being responsible for a regulated sector;

   "spectrum" means the electromagnetic spectrum;

   "standards" includes standards relating to the content applied in the electricity supply, water and sewerage, petroleum and natural gas distribution;

   "sub-office" means in relation to the Authority any office of the Authority other than its head office;

   "Tribunal" means the Fair Competition Tribunal established under section 4 of the Fair Competition Act *.

PART II
THE AUTHORITY (ss 4-15)

4.   Establishment of the Authority

   There is hereby established a body to be known as the Energy and Water Utilities Regulatory Authority by its acronym "EWURA".

5.   Legal status and capacity of the Authority

   (1) The Authority shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of–

   (a)   suing and being sued;

   (b)   acquiring, holding and disposing of movable and immovable property;

   (c)   exercising the powers and performing the functions conferred upon it by or under this Act;

   (d)   entering into any contract or other transaction, and doing or suffering to do all such other acts and things which a body corporate may lawfully perform, do or suffer to be done.

   (2) A document in writing recording acts or decisions of the Authority may be executed or authenticated on behalf of the Authority under the hand of the Chairman, the Director-General, or the Secretary of the Authority.

   (3) The common seal of the Authority shall be duly affixed if witnessed under hand by the Chairman, the Director-General or the Secretary of the Authority.

   (4) Judicial notice shall be taken of the common seal of the Authority and any document executed or authenticated in accordance with this section.

   (5) Notwithstanding the preceding provisions of this section, and the Authority having the status of a body corporate, the Attorney-General shall have the right to intervene in any suit or matter instituted by or against the Authority.

   (6) Where the Attorney-General intervenes in any matter in pursuance of subsection (6), the provisions of the Government Proceedings Act *, shall apply in relation to the proceedings of that suit or matter as if it had been instituted by or against the Government.

6.   Duties of the Authority

   It shall be the duty of the Authority that in carrying out its functions it shall strive to enhance the welfare of Tanzania society by–

   (a)   promoting effective competition and economic efficiency;

   (b)   protecting the interests of consumers;

   (c)   protecting the financial viability of efficient suppliers;

   (d)   promoting the availability of regulated services to all consumers including low income, rural and disadvantaged consumers;

   (e)   enhancing public knowledge, awareness and understanding of the regulated sectors including–

      (i)   the rights and obligations of consumers and regulated suppliers;

      (ii)   the ways in which complaints and disputes may be initiated and resolved; and

      (iii)   the duties, functions and activities of the Authority;

   (f)   taking into account the need to protect and preserve the environment.

7.   Functions of the Authority.

   (1) The functions of the Authority shall be–

   (a)   to perform the functions conferred on the Authority by sector legislation;

   (b)   subject to sector legislation–

      (i)   to issue, renew and cancel licences;

      (ii)   to establish standards for goods and services;

      (iii)   to establish standards for the terms and conditions of supply of goods and services;

      (iv)   to regulate rates and charges;

      (v)   to make rules;

   (c)   to monitor the performance of the regulated sectors in relation to–

      (i)   levels of investment;

      (ii)   availability, quantity and standard of services;

      (iii)   the cost of services;

      (iv)   the efficiency of production and distribution of services; and

      (v)   other matters relevant to the Authority;

   (d)   in the case of petroleum and natural gas, to regulate transmission and natural gas distribution;

   (e)   to facilitate the resolution of complaints and disputes;

   (f)   to disseminate information about matters relevant to its functions;

   (g)   to consult with other regulatory Authorities;

   (h)   to perform such other functions as are conferred on the Authority;

   (i)   to administer this Act.

   (2) The Authority shall not perform its functions in contravention of any International Agreements to which the United Republic is a party.

   (3) In the performance of its functions, the Authority shall not award or cancel a major or exclusive licence having a term of five or more years without prior consultation with the Minister and the relevant sector Minister.

   (4) In addition to the preceding provisions of this section, the Minister may, from time to time as occasion necessitates it, give to the Authority directions of a specific or general character on specific issues, other than in relation to the discharge of the regulatory functions, arising in relation to any sector, for the purposes of securing the effective performance by the Authority of its policy, functions and compliance with the code of conduct.

8.   Establishment of the Board of Directors

   (1) There is hereby established a Board of Directors which shall be the governing body of the Authority and shall consist of seven members as follows–

   (a)   a Chairman who shall be a non-executive;

   (b)   five non-executive members;

   (c)   the Director-General appointed under section 14.

   (2) The Chairman shall be appointed by the President, and the five non-executive members shall be appointed by the Minister after consultation with the relevant sector Ministers.

   (3) A person shall, if appointed a member of the Board, relinquish any of the following offices if he holds it namely–

   (a)   The office of Member of Parliament;

   (b)   the office of Member of the House of Representatives of Zanzibar;

   (c)   the office of Speaker of the National Assembly;

   (d)   the office of Speaker of the House of Representatives of Zanzibar;

   (e)   the office of Judge of the High Court or of the Court of Appeal;

   (f)   the office of Permanent Secretary.

   (4) The members of the Board of Directors shall be paid such remuneration and allowances as shall be set out in their letters of appointment or as may be determined by the Minister, on the advice of the Authority and after consultation with the relevant sector Minister.

   (5) The provisions of the First Schedule to this Act shall have effect as to the composition of the Board of Directors, the tenure of office of its members, termination of their appointment, the proceedings of the Board of Directors and other matters in relation to the Board of Directors and its members.

9.   Establishment of the Nomination Committee and nominations

   (1) Whenever there is to be appointed a member or members of the Board, there shall be established a Nomination Committee composed of–

   (a)   the Permanent Secretary, who shall be the Chairman; and

   (b)   two other persons representing the private sector nominated in accordance with subsection (2).

   (2) One of the two persons referred to in subsection (1)(b) shall be nominated from a legally recognised body representative of private sector interests, and the other person shall be nominated by the Council.

   (3) The Council and the body representing private sector shall both consult with other industry organisations and chambers of commerce as may be reasonable by advertising in the widely circulating news media within and outside (Tanzania) the country as well as by using consultants to secure the best candidates for the Authority before nominating any person under subsection (2).

   (4) The Authority in the cause of performing their duty shall pay all the allowances, fees, and any other expenses incurred by the Nomination Committee, consultants or any other person in the cause of his duties to the Authority, as it may be approved by the Minister from time to time.

   (5) Notwithstanding anything contained in this Act, the proceeding of the Nomination Committee shall be carried on as provided in the Second Schedule to this Act.

10.   Functions of the Nomination Committee

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