ACT No. XII of 2007 AN ACT to amend the Malta Resources Authority Act BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the authority of the same, as follows> (amendmentofthemalta)

I assent.

E DWARD F ENECH A DAMI

(L.S.)

President

20th July, 2007

ACT No. XII of 2007

AN ACT to amend the Malta Resources Authority Act

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows>

(1) The short title of this Act is the Malta Resources Authority

(Amendment) Act, 2007.

(1) This Act amends the Malta Resources Authority Act,

and it shall be read and construed as one with the Malta Resources

Resources Authority

Authority Act, hereinafter referred to as “the principal Act”.

(2) This Act shall come into force on such date as the

Minister responsible for resources may by notice in the Gazette appoint

and different dates may be so appointed for different provisions and

different purposes thereof.

Article 2 of the principal Act shall be amended as follows>-

(a) immediately after the definition “advisory committee”

there shall be inserted the following new definition>

“ “Appeals Board” means the Resources Appeals Board

established by article 33 of this Act”<

(b) immediately after the new definition “Appeals Board”

there shall be inserted the following new definition>

“ “authorisation” includes any licence or permit however

so described issued by or under this Act to operate, provide

or carry out any activity or operation or service however so

described relating to resources<”<

(c) immediately after the new definition “authorisation”

there shall be inserted the following new definition>

“ “authorised provider” means any person who has a

valid authorisation to operate, provide or carry out any activity

or operation or to provide any service relating to resources<”<

(d) immediately after the definition “contractor” there shall

be inserted the following new definition>

“ “decision” includes any determination, measure, order,

requirement or specification however so described made by

the Authority and the word “decision” shall be construed

accordingly<”<

(e) immediately after the new definition “decision” there

shall be inserted the following new definition>

“ “directive” means a directive issued by the Authority

in accordance with the procedures as prescribed by regulations

made under this Act<”<

Amendment of

Article 4 of the principal Act shall be amended as follows>–

article 4 of the

principal Act.

(a) in paragraph (k) of subarticle (1) thereof, immediately

before the words “in the practices, operations” there shall be added

the words “and to promote the efficient use of resources”<

(b) paragraph (p) of subarticle (1) shall be renumbered as

paragraph (r) thereof, and immediately after paragraph (o) of

subarticle (1) thereof, there shall be added the following new

paragraphs>

“(p) promote the interests of consumers and other users

in Malta, particularly vulnerable consumers, especially in

respect of the prices charged for, and the quality and variety

of the services and, or products regulated by or under this

Act<”<

“(q) to determine disputes in relation to matters

regulated by or under this Act<”<

(c) in paragraph (c)(i) of subarticle (2) thereof the words

“Prime Minister” shall be substituted by the word “Minister” and

for the words “and the Continental Shelf Act” shall be substituted

by “and the Prime Minister in terms and for the purposes of the

Continental Shelf Act<”< and

(d) immediately after subarticle (3) thereof, there shall be

added the following new subarticle>

“(4) The Authority may require any authorised

provider to provide it with any information, including financial

information that the Authority considers necessary for the

purpose of ensuring compliance with the provisions of this

Act, regulations prescribed thereunder and decisions or

directives made in accordance with this Act, regulations

prescribed thereunder or any other law which the Authority

is entitled to enforce. Any person who fails or refuses to

provide such information shall be in contravention of this Act

and shall be liable to the imposition of an administrative fine

as may be prescribed by the Authority.”.

Article 26 of the principal Act shall be amended as follows>

(a) in the proviso to subarticle (1) thereto the words “Prime

Minister” shall be substituted by the word “Minister”< and

(b) immediately after subarticle (4) thereof, there shall be

added the following new subarticle>-

“(5) An authorisation granted to a person under this

Act shall not relieve such a person from the requirement at

law to apply for any other authorisation however so described,

or from any other obligation arising under any other law.”.

Subarticle (2) of article 28 of the principal Act shall be amended

as follows>

(a) for paragraph (a) thereof, there shall be substituted the

following>-

“(a) for any aspect relating to the procedure and

conditions that may be imposed in relation to any authorisation

under this Act including where applicable the grant, renewal,

transfer, suspension, cancellation and duration of any such

authorisation, the manner in which applications for such

authorisations is to be made, the content and form of such

applications and how they may be granted, renewed or

transferred, the fees payable, and the manner in which

renewals or transfers thereof is to be indicated<”<

(b) for paragraph (b) thereof, there shall be substituted the

following>-

“(b) for the regulation of any aspect relating to

imposition of public and, or universal service obligations,

however so described, in respect of any operation, activity or

service regulated by this Act<”<

(c) for paragraph (c) thereof, there shall be substituted the

following>-

“(c) for the regulation of price structures for resources

and where appropriate for the regulation and determination

of tariffs, price mark-ups and charges for the supply, storage

and distribution of resources and for the use of any systems

used in the distribution and transmission of resources<”<

(d) paragraph (d) thereof shall be deleted and paragraphs

(e), (f) and (g) thereof shall be renumbered as paragraphs (d), (e)

and (f) respectively<

(e) immediately after paragraph (f) thereof as renumbered,

there shall be inserted the following new paragraph>-

“(g) for the quality of service targets and the

establishment and maintenance of an efficient customer

service by authorised providers for consumers<”<

(f) in paragraph (h) thereof, for the word “energy<” there

shall be substituted with the word “resources”<

(g) in paragraph (i) thereof, the words “energy, water and

mineral resources” there shall be substituted the word “resources”<

(h) in paragraph (o) thereof, for the word “licensees” there

shall be substituted the words “authorised providers” and for the

words “by such licensees<” there shall be substituted the words

“by such authorised providers, and on any other matter relating to

provision of information by authorised providers to the Authority<”<

and

(i) for paragraphs (q) to (t) thereof, there shall be substituted

the following new paragraphs>–

“(q) for prescribing the practices to be adopted in

regard to safety, and the protection of the environment in

relation to any matter regulated by this Act, including any

norms in relation to the liability of any person who causes

damage to the environment as a result of any activities

regulated by or under this Act undertaken by that person<

(r) regarding a contingency plan in the event of any

crisis relating to any matter regulated by this Act<

(s) for complaint processing procedures to be

implemented by an authorised provider, and for any matter

relating to the resolution of any disputes and, or complaints,

however so described, relating to any matter regulated by this

Act<

(t)

in regard to administrative infringements and fines<

(u) regarding cooperation with other authorities and

the relationship between the Authority and other public

authorities including consultations, provision of information

and any other matter of mutual interest<

(v) for the procedure to be followed before the Appeals

Board and for the establishment of any such fees as are

considered to be necessary in relation to any proceedings

before the Appeals Board<

(w) for the procedures to be followed in regard to the

settlement of disputes<

(x) for the enforcement powers required by the

Authority to perform its functions under this Act<

(y) for prescribing anything which may be or is

required to be prescribed by this Act.”.

Articles 30 and 31 of the principal Act shall be deleted.

Deletion of articles

30 and 31 of the

principal Act.

(1) Article 32 of the principal Act shall be renumbered as Renumbering and

amendment of

article 33 thereof.

article 32 of the

principal Act.

(2) In article 33 as renumbered, wherever the word “Board”

appears there shall be substituted the words “Appeals Board”.

Immediately after article 29 of the principal Act there shall be Insertion of new

articles 30, 31 and

inserted the following new articles>-

32 to the principal

Act

(1) Any officer or employee of the Authority so

“Enforcement

powers of the

authorised may, at all reasonable times, enter any premises,

vehicle, vessel or any other place, for the purposes of>-

(a) the making of such inspections, tests,

measurements, lifting of samples or to ascertain that

nothing contrary to the provisions of this Act, to the

regulations made thereunder or to any term or condition

attached to any licence, permit or authorisation issued

under this Act is being carried out<

(b) ascertaining or reproducing such data or

information as the Authority may require.

(2) Any person who obstructs or impedes any

officer or employee of the Authority in the exercise of his

duties under this Act shall be guilty of an offence and shall,

on conviction, be liable to imprisonment not exceeding

eighteen months or to a fine (multa) of not more than thirty

thousand liri (sixty nine thousand eight hundred eighty one

euros) or to both such fine and imprisonment.

(1) The Authority may impose an administrative

Imposition of

administrative

fine

upon

any person who infringes any provision of this Act,

regulations prescribed thereunder or of any other law which

the Authority is entitled to enforce, or who fails to comply

with any directive or decision given by the Authority whether

under this Act, regulations prescribed thereunder or under

any other law which the Authority is entitled to enforce, or

who fails to comply with any condition of any authorisation

granted under this Act.

(2) An administrative fine imposed under

subarticle (1) of this article shall not, unless provided

otherwise under this Act, regulations prescribed thereunder

or under any other law which the Authority is entitled to

enforce, exceed the indicative values (indicated in the

Schedule to the regulations issued under article 28(t)) for each

infringement or failure to comply.

Without prejudice to any other provision of this

Act the Minister may, after consultation with the Authority,

make regulations prescribing penalties for criminal offences

against any regulations made under this Act, and such

regulations may>

(a) prescribe imprisonment and different fines

(multi) for different offences<

(b) prescribe fines (multi) calculated in

accordance with the duration of the commission of the

offence>

Provided that any such regulations as may be made

shall not provide for>

(i) imprisonment for more than eighteen

months, or a fine (multa) of more than thirty

thousand liri, (sixty nine thousand eight hundred

eighty one euros) or

(ii) six hundred Maltese liri (one thousand

three hundred ninety eight euros) for each day

during which the offence persists.”.

10. (1) Article 33 of the principal Act shall be renumbered as

article 34 thereof.

(2) In article 34 as renumbered, wherever there appears the

word “Board” there shall be substituted the words “Appeals Board”.

(3) For subarticle (4) of article 34 as renumbered, there shall

be substituted the following new subarticle>

“(4) In determining an appeal the Appeals Board shall take

into account the merits of the appeal, and may in whole or in part,

confirm annul or vary the decision appealed from, giving in writing

the reasons for its decision and shall cause such decision to be

made public and communicated to the parties to the appeal.”.

11. (1) Article 34 of the principal Act shall be renumbered as Renumbering

amendment of

article 35 thereof.

article 34 of the

principal Act.

(2) In the marginal note to article 35 as renumbered the word

“Board” shall be substituted by the words “Appeals Board”.

(3) In article 35 as renumbered, wherever there appears the

word “Board” there shall be substituted the words “Appeals Board”,

12. (1) Article 35 of the principal Act shall be renumbered as Renumbering and

amendment of

article 36 thereof.

article 35 of the

principal Act.

(2) In article 36 as renumbered, wherever there appears the

word “Board” there shall be substituted the words “Appeals Board”.

13. (1) Article 36 of the principal Act shall be renumbered as Renumbering and

amendment of

article 37 thereof.

article 36 of the

principal Act.

(2) In subarticle (3) of article 37 as renumbered, wherever

there appear the words “article 31” there shall be substituted the words

“article 32”.

14. Immediately after article 37 as renumbered of the principal Insertion of new

article 38 to the

Act there shall be inserted the following new article>

principal Act.

The members, officers and employees of the

Authority in the performance of their functions under this

Act or any other law administered by the Authority, shall not

be liable for any loss or damage suffered by any person by

reason of anything done or omitted to be done in good faith

in the course of the administration of this Act or of any other

law.”.

15. In the Second Schedule to the principal Act, for the words Amendment of the

Second Schedule to

“article 36” there shall be substituted the words “article 37”.

the principal Act.

Passed by the House of Representatives at Sitting No. 552 of 17th July, 2007.

A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

Lm0.40 (€0.93)