Physical Planning (Planning Conditions for Location of Fuel Stations) Regulations

1. Title

These Regulations may be cited as the Physical Planning (Planning Conditions for Location of Fuel Stations) Regulations, 2022.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Title”.

“These Regulations may be cited as the Physical Planning (Planning Conditions for Location of Fuel Stations) Regulations, 2022.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

These Regulations may be cited as the Physical Planning (Planning Conditions for Location of Fuel Stations) Regulations, 2022.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

2. Interpretation

In these Regulations, unless the context otherwise requires- ''Act*' means the Physical Planning Act, 2010, Act No.8 of 2010;

•'community access road*' means a road, path or track linking a community or village to a classified road and providing access to administrative, social and economic services;

•'currency point'* has the value assigned to it in the Schedule to these Regulations;

"density" means the measure of development on a specific site or within a specified geographic area usually expressed in terms of either the number of dwelling units or the number of people per unit of land area;

"high density residential area" means a settlement with a density equal to or higher than 80 persons per acre or an area zoned for high density residential use;

"national road" means a strategic road of national importance which-

(a)

is vital for facilitating trade, commercial activities, national integration and the provision of administrative and social services;

(b)

links district headquarters to each other; and

(c)

links ports, airports and border posts to each other and to the Capital City;

"physical planning committee" includes a district physical planning committee, urban physical planning committee or sub county physical planning committee;

"urban road" means a road within the boundaries of an urban council and which does not form part of a national road.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Definition

This section supplies the definitions or statutory meaning governing “Interpretation”.

“In these Regulations, unless the context otherwise requires- ''Act*' means the Physical Planning Act, 2010, Act No.8 of 2010;”

Primary legislation Source quotation matched

Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Interpretation”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

5

"density" means the measure of development on a specific site or within a specified geographic area usually expressed in terms of either the number of dwelling units or the number of people per unit of land area;
"high density residential area" means a settlement with a density equal to or higher than 80 persons per acre or an area zoned for high density residential use;
"national road" means a strategic road of national importance which-
"physical planning committee" includes a district physical planning committee, urban physical planning committee or sub county physical planning committee;
"urban road" means a road within the boundaries of an urban council and which does not form part of a national road.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Physical Planning Act

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

3. Development permission for fuel station

A person who wishes to construct a fuel station shall apply for development permission from the relevant physical planning committee in accordance with the Act.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Development permission for fuel station”.

“A person who wishes to construct a fuel station shall apply for development permission from the relevant physical planning committee in accordance with the Act.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

A person who wishes to construct a fuel station shall apply for development permission from the relevant physical planning committee in accordance with the Act.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

4. Application for building permit and submission of building

plans (1) A person shall not commence a building operation for construction of a fuel station without a building permit issued in accordance with section 36 of the Building Control Act, 2013.

(2)

The person referred to under subregulation (1) shall submit an application for a building permit to a Building Committee in accordance with section 35 of the Building Control Act, 2013 and the Building Control Regulations, 2020.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Scope rule

This section defines when and how “Application for building permit and submission of building” applies.

“plans (1) A person shall not commence a building operation for construction of a fuel station without a building permit issued in accordance with section 36 of the Building Control Act, 2013.”

Primary legislation Source quotation matched

Practical effect

Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

(2) The person referred to under subregulation (1) shall submit an application for a building permit to a Building Committee in accordance with section 35 of the Building Control Act, 2013 and the Building Control Regulations, 2020.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Building Control Act

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

5. Compliance with National Environment Act,

A person who wishes to construct a fuel station shall conduct an environmental and social impact assessment in accordance with the National Environment Act 2019.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Compliance with National Environment Act,”.

“A person who wishes to construct a fuel station shall conduct an environmental and social impact assessment in accordance with the National Environment Act 2019.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

A person who wishes to construct a fuel station shall conduct an environmental and social impact assessment in accordance with the National Environment Act 2019.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

National Environment Act

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

6. Petroleum facility construction permit

A person who wishes to construct a fuel station shall, after obtaining a building permit under regulation 4, apply for a petroleum facility construction permit from the Ministry responsible for energy prior to commencing construction.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Petroleum facility construction permit”.

“A person who wishes to construct a fuel station shall, after obtaining a building permit under regulation 4, apply for a petroleum facility construction permit from the Ministry responsible for energy prior to commencing construction.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

A person who wishes to construct a fuel station shall, after obtaining a building permit under regulation 4, apply for a petroleum facility construction permit from the Ministry responsible for energy prior to commencing construction.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

7. Planning conditions for location of fuel

stations near facilities and sensitive ecosystem (1) A fuel station shall not be located less than 200 meters from facilities such as a school, place of worship, public library, auditorium, hospital, market and public playground.

(2)

A fuel station shall not be located in or close to a sensitive ecosystem such as national park, lake, forest, river, stream, historical site or major aquifer except as prescribed by the law relating to the management of the sensitive environmental area.

(3)

Where the law relating to the sensitive environment area referred to in subregulation (2) is silent on the minimum distance, a distance of not less than 200 meters shall apply.

(4)

A fuel station shall not be located less than 200 meters from a high density residential area.

(5)

Where a fuel station adjoins the boundary of a residential area, the developer shall provide and maintain a physical barrier in form of a wall fence along the boundary.

(6)

A fuel station shall not be located less than 100 meters from an industry or factory.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Planning conditions for location of fuel”.

“stations near facilities and sensitive ecosystem (1) A fuel station shall not be located less than 200 meters from facilities such as a school, place of worship, public library, auditorium, hospital, market and public playground.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

5

(2) A fuel station shall not be located in or close to a sensitive ecosystem such as national park, lake, forest, river, stream, historical site or major aquifer except as prescribed by the law relating to the management of the sensitive environmental area.
(3) Where the law relating to the sensitive environment area referred to in subregulation (2) is silent on the minimum distance, a distance of not less than 200 meters shall apply.
(4) A fuel station shall not be located less than 200 meters from a high density residential area.
(5) Where a fuel station adjoins the boundary of a residential area, the developer shall provide and maintain a physical barrier in form of a wall fence along the boundary.
(6) A fuel station shall not be located less than 100 meters from an industry or factory.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

8. Planning conditions for location of fuel station at a road

junction or intersection, etc (1) The minimum distance from a fuel station to a road junction, round about or intersection along any road where a right turn is required shall not be less than 200 meters.

(2)

The distance between a fuel station and an existing fuel station on the opposite side of the same road along any roadways shall not be less than 200 meters.

(3)

A fuel station shall not be constructed along expressways, except at exit points.

(4)

The location of a fuel station along a National Road class A shall not be less than 3 km from an existing fuel station on the same side of the road.

(5)

The location of a fuel station along an urban road shall not be less than 3km from another existing fuel station on the same side of the road.

(6)

The location of a fuel station along a community access road shall observe a minimum interval of 2km from an existing fuel station on either side of the road.

(7)

A fuel station shall not be sited or constructed at a road section that has vertical and horizontal curves or bends.

(8)

The location of a fuel station shall be off busy access roads so that delivery and fueling vehicles do not unduly block traffic at forecourt and allow minimum maneuvering including ability to exit.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Planning conditions for location of fuel station at a road”.

“junction or intersection, etc (1) The minimum distance from a fuel station to a road junction, round about or intersection along any road where a right turn is required shall not be less than 200 meters.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

7

(2) The distance between a fuel station and an existing fuel station on the opposite side of the same road along any roadways shall not be less than 200 meters.
(3) A fuel station shall not be constructed along expressways, except at exit points.
(4) The location of a fuel station along a National Road class A shall not be less than 3 km from an existing fuel station on the same side of the road.
(5) The location of a fuel station along an urban road shall not be less than 3km from another existing fuel station on the same side of the road.
(6) The location of a fuel station along a community access road shall observe a minimum interval of 2km from an existing fuel station on either side of the road.
(7) A fuel station shall not be sited or constructed at a road section that has vertical and horizontal curves or bends.
(8) The location of a fuel station shall be off busy access roads so that delivery and fueling vehicles do not unduly block traffic at forecourt and allow minimum maneuvering including ability to exit.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

9. Land for development of fuel station

(1)

The area of land to be developed for a fuel station shall be sufficient, to allow maneuvering of vehicles and the location of auxiliary facilities in accordance with US EAS 976:2020, Petroleum Industry Storage and Distribution of Petroleum Products in Above Ground Bulk Installations Standard.

(2)

For the avoidance of doubt, the minimum area referred to in subregulation (1) shall not be less than 900 m2 for filling stations and 1600 m2 for service stations. (3) The building coverage for a fuel station shall not exceed 60% with the minimum green of 10% of the plot area. (4) Raised curbs of at least 400 mm in height, of which 100 mm is buried, shall be erected along street property lines except along driveway openings to prevent and discourage driving of motor vehicles on sidewalks and to define entrance or exit points of a fuel station.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Land for development of fuel station”.

“(1) The area of land to be developed for a fuel station shall be sufficient, to allow maneuvering of vehicles and the location of auxiliary facilities in accordance with US EAS 976:2020, Petroleum Industry Storage and Distribution of Petroleum Products in Above Ground Bulk Installations Standard.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) The area of land to be developed for a fuel station shall be sufficient, to allow maneuvering of vehicles and the location of auxiliary facilities in accordance with US EAS 976:2020, Petroleum Industry Storage and Distribution of Petroleum Products in Above Ground Bulk Installations Standard.
(2) For the avoidance of doubt, the minimum area referred to in subregulation (1) shall not be less than 900 m2 for filling stations and 1600 m2 for service stations. (3) The building coverage for a fuel station shall not exceed 60% with the minimum green of 10% of the plot area. (4) Raised curbs of at least 400 mm in height, of which 100 mm is buried, shall be erected along street property lines except along driveway openings to prevent and discourage driving of motor vehicles on sidewalks and to define entrance or exit points of a fuel station.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

10. General conditions

(1)

A proposed developer shall obtain a letter of no objection from the Uganda National Roads Authority where the proposed fuel station is along a road managed by the Authority.

(2)

A fuel station shall have at least three well-labeled litterbins for biodegradable, non-biodegradable and toxic waste accessible for all travelers and motorists.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “General conditions”.

“(1) A proposed developer shall obtain a letter of no objection from the Uganda National Roads Authority where the proposed fuel station is along a road managed by the Authority.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) A proposed developer shall obtain a letter of no objection from the Uganda National Roads Authority where the proposed fuel station is along a road managed by the Authority.
(2) A fuel station shall have at least three well-labeled litterbins for biodegradable, non-biodegradable and toxic waste accessible for all travelers and motorists.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

11. Occupation permit

Upon completion of construction of a fuel station, the developer shall apply for an occupation permit, in accordance with section 44 of the Building Control Act, 2013 and the Building Control Regulations, 2020.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Occupation permit”.

“Upon completion of construction of a fuel station, the developer shall apply for an occupation permit, in accordance with section 44 of the Building Control Act, 2013 and the Building Control Regulations, 2020.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

Upon completion of construction of a fuel station, the developer shall apply for an occupation permit, in accordance with section 44 of the Building Control Act, 2013 and the Building Control Regulations, 2020.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Building Control Act

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

12. Completion certificate

The developer shall prior to commencing operation of a fuel station, obtain a completion certificate and petroleum operating licence from the Ministry responsible for energy.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Completion certificate”.

“The developer shall prior to commencing operation of a fuel station, obtain a completion certificate and petroleum operating licence from the Ministry responsible for energy.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

The developer shall prior to commencing operation of a fuel station, obtain a completion certificate and petroleum operating licence from the Ministry responsible for energy.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

13. Offences and penalties

A person who contravenes these Regulations commits an offence and is liable, on conviction, to a fine not exceeding forty eight currency points or imprisonment not exceeding two years or both.

SCHEDULE

Regulation 2 CURRENCY POINT

A currency point is equivalent to twenty thousand shillings.

Cross Reference Building Control Act, 2013, Act No. 10 of 2013 Building Control Regulations, 2020, S.I No. 3 of 2020 National Environment Act, 2019, Act No. 5 of 2019

HON. NABAKOOBA NALULE JUDITH. Minister of Lands, Housing and Urban Development.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Offences and penalties”.

“A person who contravenes these Regulations commits an offence and is liable, on conviction, to a fine not exceeding forty eight currency points or imprisonment not exceeding two years or both.”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Building Control Act National Environment Act

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Physical Planning (Planning Conditions for Location of Fuel Stations) Regulations

About this Act

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