Zambia Tanzania Pipeline Act

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
REPUBLIC OF ZAMBIA
THE ZAMBIA TANZANIA PIPELINE ACT
CHAPTER 455 OF THE LAWS OF ZAMBIA
CHAPTER 455 THE ZAMBIA TANZANIA PIPELINE ACT
THE ZAMBIA TANZANIA PIPELINE ACT
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Objects of Company
4. Right of entry
5. Rights over unalienated land
6. Wayleaves over private land
7. Compulsory acquisition of private land
8. Payment of adequate compensation
9. Access to High Court
10. Assessment of compensation
11. Registration of orders made under section 6 or 7
12. Offence

yment of adequate compensation
9. Access to High Court
10. Assessment of compensation
11. Registration of orders made under section 6 or 7
12. Offence

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CHAPTER 455
ZAMBIA TANZANIA PIPELINE
An Act to grant rights, or to provide for the granting of rights, over land to a
company known as the TAZAMA Pipelines Limited; and to provide for matters
connected with or ancillary to the foregoing. [27th January, 1967]
Acts No. 18 of 1967
13 of 1994
1. This Act may be cited as the Zambia Tanzania Pipeline Act. Short title
2.

ary to the foregoing. [27th January, 1967]
Acts No. 18 of 1967
13 of 1994
1. This Act may be cited as the Zambia Tanzania Pipeline Act. Short title
2.

(1) In this Act, unless the context otherwise requires-
"agent", in relation to the Company, means any duly authorised employee of the
Company, any duly authorised contractor of or consultant to the Company
and the duly authorised employees of such contractor or consultant;
"Company" means the TAZAMA Pipelines Limited, a Company incorporated in
Zambia and registered as a foreign company in Tanzania;
"objects", in relation to the Company, means the objects of the Company referred
to in section three;
"private land" means all land and all interests in land other than unalienated land or
interests therein;
"Customary Area" has the meaning assigned thereto by section two of the Lands
Act;
"state lands" shall have the meaning assigned to the expression "State Lands" in
Article 2 of the Zambia (State Lands and Reserves) Orders, 1928 to 1964;
"trust land" means the land set apart by section 3 of the Zambia (Trust Land)
Orders, 1947 to 1964, but shall not include any trust land which has been
granted, disposed of, acquired, set aside or over which a right of occupancy
has been granted, under section 5 of the said Orders;
"unalienated land" means reserves, unalienated state lands and trust land.

a right of occupancy
has been granted, under section 5 of the said Orders;
"unalienated land" means reserves, unalienated state lands and trust land.

Interpretation
Cap. 184
App. 9
App. 9
(2) The provisions of this Act shall have effect notwithstanding anything contained in
any other written law. 3. The objects of the Company are to design, construct, lay, own, operate and
maintain a pipeline for the carriage of oil or petroleum products from a point at or near Dar
es Salaam in Tanzania to a point at or near Ndola in Zambia. Objects of Company

the carriage of oil or petroleum products from a point at or near Dar
es Salaam in Tanzania to a point at or near Ndola in Zambia. Objects of Company

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4. (1) The Company and its agents may enter upon any private land, or unalienated
land, lying in the intended route of the pipeline and make surveys, examinations or other
necessary arrangements on such land for fixing the site of the pipeline, and set out and
ascertain such parts of the land as are necessary and proper for the pipeline. Right of entry
(2) Notwithstanding the provisions of subsection (1), no person shall enter into any
building or upon any enclosed court or garden attached to a dwelling-house (except with
the consent of the occupier thereof) without previously giving such occupier at least seven
days' notice in writing of his intention to do so. (3) As soon as may be after any entry made under subsection (1), the Company
shall pay compensation for all damage done, to the President in the case of unalienated
land and, in the case of private land, to any person having an interest in or right over such
land. 5.

ne, to the President in the case of unalienated
land and, in the case of private land, to any person having an interest in or right over such
land. 5.

(1) The President may, if he is satisfied that it is necessary to do so in order to
enable the Company to carry out its objects-
Rights over
unalienated land
(a) grant to the Company by lease upon such terms and conditions as he may
think fit, including the payment of rental, any area of unalienated land;
(b) grant to the Company upon such terms and conditions as he may think fit,
including the payment of rental, any wayleave or right to place any pipeline
over or under any unalienated land. (2) When, in accordance with the provisions of this section, any unalienated land
has been granted to the Company, the Company and its agents shall be entitled to
reasonable access to such land or pipeline for the purpose of carrying on its operations on
such land or of maintaining, removing, repairing or replacing such pipeline. 6. (1) The President may, if he is satisfied that it is necessary to do so in order to
enable the Company to carry out its objects, by statutory order, authorise the Company to
place any pipeline, whether above or below ground, into, out of or across any private land.

its objects, by statutory order, authorise the Company to
place any pipeline, whether above or below ground, into, out of or across any private land.

Wayleaves over
private land
(2) Nothing contained in this section shall authorise or empower the Company to lay
down or place any pipeline into, through, or against any building, or in any private land
covered with buildings, without the consent of the owner and lawful occupier. (3) The rights conferred on the Company by an order made by the President under
subsection (1) shall not be exercised unless and until the order has been published in the
Gazette.

he Company by an order made by the President under
subsection (1) shall not be exercised unless and until the order has been published in the
Gazette.

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(4) When the Company has been authorised to use any land under this section or
has placed a pipeline in position, the Company and its agents shall be entitled to
reasonable access to such land for the purpose of carrying on its operation on such land
or of maintaining, removing, repairing or replacing such line. 7. (1) The President may by order published in the Gazette acquire by compulsion
in his name private land for use by the Company. Compulsory
acquisition of private
land
(2) Before making an order under subsection (1), the President shall be satisfied
that-
(a) the Company has taken all reasonable steps to acquire on reasonable
terms by agreement the land which it wishes to use and has been unable to
do so; and
(b) the acquisition of such land is necessary for the carrying out of the objects
of the Company.

h it wishes to use and has been unable to
do so; and
(b) the acquisition of such land is necessary for the carrying out of the objects
of the Company.

(3) The President may, under such conditions as he deems fit, including the
payment of rent, permit the use by the Company of any land which he has acquired under
the provisions of subsection (1), so, however, that-
(a) the land shall not be used by the Company for any purpose other than the
purpose for which it was acquired under the provisions of subsection (1);
and
(b) the land or such part of it as the President may determine shall revert to the
use and absolute control of the President if it or any part of it is used for any
purpose other than the purpose for which it was acquired under the
provisions of subsection (1). (4) The Company may, at any time after being permitted to use any land under this
section, enter into possession or enjoyment of the land. 8. Where the powers under section six or seven are exercised by the President,
every person having an interest in or right over the land concerned shall be paid adequate
compensation from moneys appropriated by Parliament for the purpose. Payment of adequate
compensation
9.

ver the land concerned shall be paid adequate
compensation from moneys appropriated by Parliament for the purpose. Payment of adequate
compensation
9.

(1) Notwithstanding any other provisions in this Act contained, any person having
an interest in or right over any land-
Access to High Court
(a) upon which entry has been made in pursuance of the provisions of section
four;

having
an interest in or right over any land-
Access to High Court
(a) upon which entry has been made in pursuance of the provisions of section
four;

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(b) over which a pipeline has been laid in pursuance of the provisions of
section six; or
(c) compulsorily acquired in pursuance of the provisions of section seven;
may make application to the High Court for the determination of his interest or right, the
legality of the exercise of powers under the said section four, six or seven, and the amount
of compensation to which he is entitled, and for the purpose of obtaining prompt payment
of that compensation. (2) For the purpose of regulating proceedings had in pursuance of the provisions of
subsection (1), the Chief Justice may, by statutory instrument, make rules providing for-
(a) the institution and conduct of proceedings before the High Court, including
the calling of expert witnesses and the number thereof;
(b) the fees, charges and rates payable in respect of proceedings before the
High Court and the circumstances in which any party to the proceedings
may be required to pay the costs of any other party;
(c) the assessment of compensation to be paid and the manner in which
compensation awarded by the High Court may be paid and recovered.

y other party;
(c) the assessment of compensation to be paid and the manner in which
compensation awarded by the High Court may be paid and recovered.

10. When the Government pays any compensation in pursuance of the provisions
of section eight, the Company shall, upon being called to do so by the Commissioner of
Lands, pay to the Government the amount of such compensation. Assessment of
compensation
11. Notwithstanding anything contained in the Lands and Deeds Registry Act, the
Registrar appointed thereunder shall, on application being made by the Commissioner of
Lands, make such entries in the registers kept by him as are necessary for the registration
of any order made under section six or seven. Registration of orders
made under section 6
or 7. Cap. 185
12. Any person who, without the authority of the Company, wilfully destroys or
damages any part of the pipeline constructed by or on behalf of the Company, or any
works, structure or equipment incidental thereto, shall be guilty of an offence and liable on
conviction to a fine not exceeding six thousand penalty units, or to imprisonment for a
term not exceeding two years, or to both. (As amended by Act No. 13 of 1994)
Offence
SUBSIDIARY LEGISLATION
ZAMBIA TANZANIA PIPELINE CAP. 455

nt for a
term not exceeding two years, or to both. (As amended by Act No. 13 of 1994)
Offence
SUBSIDIARY LEGISLATION
ZAMBIA TANZANIA PIPELINE CAP. 455

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SECTION 6-THE Z AMBIA T ANZANIA PIPELINE (W AYLEAVES ) O RDER
Order by the President
Statutory Instrument
361 of 1967
1. This Order may be cited as the Zambia Tanzania Pipeline (Wayleaves) Order. Title
2. TAZAMA Pipelines Limited are hereby authorised to place any pipeline, whether
above or below ground, into, out of or across, the private lands set forth in the Schedule. Wayleaves over
private land
SCHEDULE
(Paragraph 2)
Farm No. District Registered Proprietor
2872 Mkushi Geoffrey Frank Bollen. 1672 Mkushi Bruce Norman Goslin and Graham Vernon
Goslin
1673 Mkushi Bruce Norman Goslin and Graham Vernon
Goslin. 2287 Mkushi Unwin Jackson Moffat, John Smith Moffat and
Robert Laws Moffat. 1694 Mkushi Eric Garfield Shorsbree. 3004 Mkushi Bernard Dick Keth. 2894 Mkushi Vernon James Tidy. 3351 Mkushi Daniel Blair. 3269 Mkushi Norman Cecil Scolnik. 3340 Mkushi Valabhai Haribhai Patel. 3281 Mkushi Bhanwan Pema and Govindbhai Dahyabhai
Patel. 2907 Mkushi Vallabhai Haribhai Patel. 415 Copperbelt Rhokana Corporation Ltd. a343a Copperbelt Chondwe Citrus Estates (1961) Ltd.

hai Dahyabhai
Patel. 2907 Mkushi Vallabhai Haribhai Patel. 415 Copperbelt Rhokana Corporation Ltd. a343a Copperbelt Chondwe Citrus Estates (1961) Ltd.

Remaining Extent Copperbelt Rocco Silena and Vito Silena. of Farm 1013
Sub. A of Farm 1013 Copperbelt Leslie Huxtable Taylor. SECTION 9-THE Z AMBIA T ANZANIA PIPELINE (HIGH COURT)
RULES
Rules by the Chief Justice
Statutory Instrument
384 of 1968
Act No. 13 of 1994
1. These Rules may be cited as the Zambia Tanzania Pipeline (High Court) Rules. Title
2. An application under section nine of the Act shall be made by petition in writing
filed in the Registry of the High Court. Application by petition
3. The petition shall be in numbered paragraphs and shall set out the name and
address of the petitioner and the circumstances of the matter and the relief sought. Petition

be in numbered paragraphs and shall set out the name and
address of the petitioner and the circumstances of the matter and the relief sought. Petition

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4. Where the petition relates solely to an entry made in pursuance or purported
pursuance of rights of entry given by section four of the Act, the applicant shall as soon as
may be cause a copy of the petition to be served on the Company. In any other case, the
applicant shall as soon as may be cause copies of the petition to be served on both the
Company and the Attorney-General. Service
5. The High Court shall fix a date for hearing not being less than fourteen days
from the date of filing and shall notify the parties. Hearing
6. The petitioner may appear in person or by a legal practitioner and may adduce
evidence. Petitioner
7. The Company and the Government may appear by legal practitioner and may
adduce evidence. Company and
Government
8. The Company or the Government or both may file an answer to the petition not
later than two days before the date of hearing and in such case shall serve a copy of the
answer on the petitioner on or before the date of hearing. Answer
9.

an two days before the date of hearing and in such case shall serve a copy of the
answer on the petitioner on or before the date of hearing. Answer
9.

The High Court may in its discretion receive evidence by affidavit in addition to
or in substitution for oral evidence. Evidence
10. Expert witnesses may be called in the same manner as any other witnesses
but the maximum number to be called by any one party shall be three. Expert witnesses
11. The High Court may adjourn the hearing from time to time. Adjournment
12. An applicant shall be entitled to be paid such reasonable compensation as the
High Court shall determine-
(a) for any inconvenience or loss caused by an entry made in pursuance or
purported pursuance of any right of entry under section four of the Act;
(b) for any inconvenience or loss caused by the laying and/or presence of a
pipeline under the powers conferred by section six of the Act. Compensation
13. (1) In estimating the compensation to be given for any lands or for any right or
interest in lands, acquired under section seven of the Act, the High Court shall assess the
same on the market value of such lands, right or interest on the date of acquisition. Assessment of
compensation

Act, the High Court shall assess the
same on the market value of such lands, right or interest on the date of acquisition. Assessment of
compensation

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(2) The High Court shall also take into account any damage or inconvenience
suffered by the applicant by reason of the severance of land from other lands in the
ownership or occupation of the applicant or by reason of the fact that part only of his right
or interest is acquired. 14. The applicant's costs of proceedings in the High Court shall be paid by the
other party to the proceedings and where both the Company and the Government are
parties the costs shall be apportioned between them as the High Court shall decide:
Costs
Provided that-
(i) where the applicant has, prior to filing his application, been offered
compensation of an amount equal to or greater than that assessed by the
High Court, each party shall abide his or its own costs;
(ii) where the High Court considers that the refusal by the petitioner of an offer
was unreasonable, the petitioner may be ordered to pay such costs of the
other party or parties as were incurred after the other was made. 15.

n offer
was unreasonable, the petitioner may be ordered to pay such costs of the
other party or parties as were incurred after the other was made. 15.

(1) The provisions of Part IV of the State Proceedings Act shall apply in respect
of the payment of compensation and costs awarded by the High Court against the
Government and in respect of the recovery thereof. Recovery, etc. Cap. 71
(2) Compensation and costs and interest thereon awarded against the Company
may be recovered as a civil debt. 16. The fee units payable to the High Court shall be as follows: Prescribed fees
On filing a petition . . 45,000 fee units
On filing an answer . . 45,000 fee units
(As amended by Act No. 13 of 1994)