(1)
In this Act, unless the context otherwise requires- "Act" means the Petroleum (Refining, Conversion, Transmission and Midstream Storage) Act, 2013;
"agreement"
means an agreement entered into by an authorised Government authority with a person or entity in accordance with this Act for purposes of regulating the terms and conditions of midstream operations;
"Authority"
means the Petroleum Authority of Uganda established under the Petroleum (Exploration, Development and Production) Act, 2013;
"authorised officer"
means an officer or other person acting under the authority of the Minister or the Authority under this Act;
"authorised person"
means a person authorised to carry out midstream operations under this Act;
"best petroleum industry practices"
means the use of what is accepted to be the best available practices that are generally accepted as good, safe, transparent and efficient in carrying out midstream operations and that can be applied globally under similar circumstances;
"code of practice"
means a code of practice issued by the Minister under section
96
;
"conversion"
means changing the natural gas component, without altering the molecular structure of the natural gas entered into the process through the use of pressure or temperature;
"crude oil"
means naturally occurring, flammable liquid consisting of a mixture of hydrocarbons and other organic compounds that are found beneath the earth's surface;
"currency point"
has the value assigned to it in the Schedule;
"facility"
means any plant, structure, device or other associated equipment or infrastructure used for midstream operations;
"flaring"
means combustion of hydrocarbons without application of the resulting heat or gases for any useful purpose;
"gas venting"
means the release of gas to the atmosphere;
"hydrocarbons"
means a naturally occurring organic chemical compound or a mixture of such compounds made of hydrogen and carbon, generated in the subsurface under the influence of temperature;
"land owner"
means a person who holds or occupies land in accordance with the Land Act;
"licence"
means a licence issued under this Act;
"licensee"
means a person to whom a licence is granted under this Act;
"midstream operations"
means planning, preparation, installation and execution of operations related to refining, conversion, transmission and storage of petroleum products, including cessation of operations and decommissioning of facilities;
"midstream storage"
means the storage of petroleum commodities or petroleum products at a facility for the purposes of refining, conversion or transmission;
"Minister"
means the Minister responsible for petroleum activities under this Act;
"natural gas"
means all petroleum which is in a gaseous state at 150c atmospheric pressure, including wet gas, dry gas and residue gas remaining after the recovery of liquid hydrocarbons;
"NEMA"
means the National Environment Management Authority;
"operator"
means a licensee or any other entity executing on behalf of one or several licensees, the day to day management of midstream operations;
(a)
any naturally occurring hydrocarbons, whether in gaseous, liquid or solid state;
(b)
any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or
(c)
any naturally occurring mixture of one or more hydrocarbons, whether in a gaseous, liquid or solid state and any other substances and includes any petroleum as defined by paragraphs (a), (b) or this paragraph that has been returned to a natural reservoir, but does not include coal, shale, or any substance that may be extracted from coal or shale;
"petroleum activity"
means midstream operations;
"petroleum commodities"
means produced petroleum which is marketable for sale, can be used as a feedstock for refining or conversion to petroleum products or direct consumption, including energy production;
"petroleum pipeline"
means a pipeline used to transport petroleum but excludes a pipeline located on the premises of-
(a)
a manufacturer of petroleum products;
(b)
a retailer of petroleum products; or
"petroleum products"
means all products resulting from refining or conversion of petroleum commodities;
"pollution"
means any direct or indirect alteration of the physical, thermal, chemical or biological properties of any part of the environment by discharging, emitting or depositing wastes so as to affect any beneficial use adversely, to cause a condition which is hazardous or potentially hazardous to land, public health, safety or welfare; or to fauna and flora, or to cause a contravention of any condition, limitation or restriction which is subject to a licence under this Act;
"pollution damage"
means damage or loss caused by pollution as a consequence of effluence or discharge of any substance from a facility;
"refining"
means the transformation of crude oil into finished or partly finished petroleum products using different processes of distillation, cracking and reforming or other methods of altering the molecular structure of the crude oil;
"regulations"
means regulations made under section
95
;
"standards"
means standards, specifications and codes of practice which apply to the operation, use, construction, decommissioning and disposal of facilities required for the purpose of carrying out midstream operations including standards for emissions, company standards, compulsory standard specifications, internal standards or national standards issued under the National Bureau of Standards Act but excludes standards on quality of petroleum products for the market;
"tariff"
means a written statement of rates, terms and conditions for services relating to midstream operations;
"transmission"
means transportation of petroleum products but not for distribution to consumers or retailers or transportation of petroleum commodities through pipelines, including transit pipelines and pipelines originating from outside Uganda connected to and with its inlet or outlet flange at a refinery or gas conversion facility in Uganda; and
"waste"
includes any matter prescribed to be waste and any matter, whether liquid, solid, gaseous or radioactive, which is discharged, emitted or deposited in the environment in such volume, composition or manner as to cause an alteration of the environment.