MALTA RESOURCES AUTHORITY ACT *†

CHAPTER 423

MALTA RESOURCES AUTHORITY ACT *†

To provide for the establishment of an Authority to be known as the

Malta Resources Authority and for the exercise by or on behalf of that

Authority of regulatory functions regarding resources relating to water,

energy and mineral resources, and to make provision with respect to

matters ancillary thereto or connected therewith.

2nd February, 2001

ACT XXV of 2000 , as amended by Acts XII and XXXII of 2007; Legal

Notice 426 of 2007 ; Acts II and XXIII of 2009, and V of 2011 ; and

Legal Notice 184 of 2012 .

P ART I - P RELIMINARY

The short title of this Act is the Malta Resources Authority

Act.

Amended by

XII. 2007.15;

(Article 37)

V. 2011.36.

Petroleum (Importation, Storage and Sale) Ordinance, Cap. 25.

Enemalta Act, Cap. 272. *

Water Services Corporation Act, Cap. 355.

Bunkering (Fuels) Tax Act, Cap. 381.

*repealed by Act XXXIV of 2014.

‡

In this Act, unless the context otherwise requires -

"advisory com mittee" or "commit tee" means an advisory

committee established in accordance with article 25;

"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 relating to resources and in relation to

services and service providers means a permit, licence, warrant,

appointment, concession or decision concerning access to a service

activity or the exercise thereof relating to resources;

"authorisation scheme" means any authorisation or other

procedure of an administrative nature, under which a provider or

recipient is in effect required to take steps in order to commence

the activity in question and obtain from a competent authority

authorisation concerning access to a service activity or the exercise

thereof;

"aut ho ri se d p ro vi der" m ean s an y person wh o has a val id

authorisation to operate, provide or carry out any activity or

operation or to provide any service relating to resources;

"Authority" means the Malta Resources Authority established by

article 3;

"Chairman" means Chairman of the Authority and includes, in

the circumstances mentioned in article 3(3), the Deputy Chairman

or other person appointed to act as Chairman

Provided that, in relation to article 25, "Chairman" means

the Chairman of an advisory committee;

*

This Act has been repealed by Act XXV of 2015 except for the provisions

reproduced hereunder, which are to remain in force until repealed with effect from

such date as may be established by notice in the Gazette by the Minister responsible

for resources - see article 43 of Act XXV of 2015.

† This Act has been repealed by Act XVI of 2024. Vide Regulation 42.

‡ Still in force as applicable in terms of article 43(2) of Act XXV of 2015.

"Chief Executive" means the Chief Executive appointed under

article 5;

"contractor" means a person acting in pursuance of an agreement

entered into with the Authority or in accordance with article 5(5);

" d e c i s i o n " i n c l u d e s a n y d e t e r m i n a t i o n , m e a s u r e , o r d e r,

requirement or specification however so described made by the

Authority and the word "decision" shall be construed accordingly;

" d i r e c ti v e " m e a n s a di r e c t i v e i s s u e d b y t h e A u t h o r i t y i n

accordance with the procedures as prescribed by regulations made

under this Act;

" D ir e ct o r a te s" m ea ns su ch d i r ec to r a t es a s ar e or m a y be

established under article 5;

"distribution" in relation to electrical energy, means the transport

of electricity on the medium - voltage and low - voltage

distribution systems with a view to its delivery to customers;

"electrical energy" means electrical energy when generated,

transmitted, distributed, supplied or used for any purpose except

the transmission of any communication or signal;

"employee" means a person employed by the Authority;

"energy" includes electrical energy, fuels, heat when transmitted

as a commercial activity, and energy derived from renewable

sources;

"establishment" means the actual pursuit of an economic activity

as referred to in Article 43 of the Treaty, by a service provider for

an indefinite period and through a stable infrastructure from where

the business of providing services is actually carried out;

"fuel" includes coal, all hydrocarbons or hydrocarbon derivatives

normally used as fuels, including crude oil, fuels based on

hydrocarbons or coal, gaseous fuel, petroleum substitutes in liquid

form, liquids or gases produced from fermentation or similar

processes when intended for use as fuels, fuels produced from solid

waste; but does not include petroleum for the purposes of the

Petroleum (Production) Act;

"financial year" means any period of twelve months ending on

the 31st December

Provided that the financial year which commenced on the 1st

October, 2007 shall be for a period of fifteen months and shall

terminate on the 31st December, 2008;

"gas" means all hydrocarbons in gaseous form whether in their

natural state or obtained from petroleum or produced chemically;

"Internal Market Information System” means the information

system through which competent authorities exchange information

in fulfilment of their obligations under Chapter VI of Directive

2006/123/EC of the European Parliament and of the Council of 12

December 2006 on services in the internal market;

" M e m b e r St a t e ” m e a n s a m e m b e r s t a t e o f t h e E u r o p e a n

Economic Area;

"Member State of establishment" means the Member State in

whose territory the provider of the service concerned is established;

"Mem ber State where the service is provided" means the

M e m b e r St a t e w h e r e t h e s e r v i c e i s s u p p l i e d b y a p r o v i d e r

established in another Member State;

"mineral resources" means any mineral, rock or sediment

constituted of organic or inorganic compounds or substances

extracted, mined or otherwise derived from the earth, including the

seabed and the subsoil thereof, but does not include water;

"Minister" means the Minister responsible for resources;

"overriding reasons relating to the public interest" means the

reasons recognised as such in the case law of the European Court of

Justice in relation to Articles 43 and 49 of the Treaty, as they may

continue to evolve and including the following grounds

(a) public policy, public security, public safety and public

health; provided that these grounds shall be interpreted

within the meaning of Article 46 and Article 55 of the

Treaty;

(b) the maintenance of order in society;

(c) social policy objectives;

(d) the protection of the recipients of services;

(e) consumer protection;

(f)

the prevention of fraud;

(g) the prevention of unfair competition;

(h) the protection of the environment;

"petroleum" means all natural hydrocarbons whether in liquid or

gaseous form, including crude oil, and whether in a crude or natural

state or in a processed or refined form and when used in relation to

petroleum exploration and production it shall have the same

meaning as is assigned to it by article 2 of the Petroleum

(Production) Act;

"public officer" in relation to article 11, has the same meaning

assigned to it by article 124 of the Constitution but does not include

a judge of the Superior Courts or a magistrate of the Inferior

Courts;

"recipient" means any natural person who is a national of a

Member State or who benefits from rights conferred upon him by

Community acts, or any legal person as referred to in Article 48 of

the Treaty and established in a Member State, who, for professional

or non-professional purposes, uses, or wishes to use, a service;

"resources" means the resources relating to water, energy and

mineral resources regulated by or under this Act;

"service” means any self-employed activity performed for an

economic consideration as referred to in Article 50 of the Treaty;

"services of a general economic interest" means those services

declared by the Minister responsible for Competition as services of

general economic interest in terms of article 30(3) of the

Competition Act;

"service provider" means any natural person who is a national of

a Member State, or any legal person as referred to in Article 48 of

the Treaty and established in a Member State, who offers or

provides a service;

"transmission" in relation to electrical energy, means the

transport of electricity on the high-voltage interconnected system

with a view to its delivery to final customers or distributors;

" T r e a t y " m e a n s t h e Tr e a t y e s t a b l i s h i n g t h e E u r o p e a n

Community;

"Tribunal" means the Administrative Review Tribunal established

by article 5 of the Administrative Justice Act;

"water" when used in relation to any practice, operation or

activity which is regulated by this Act shall include drainage and

sewage services, but shall not include bottled table water.

P ART II - E STABLISHMENT , F UNCTIONS AND C ONDUCT OF A FFAIRS

OF THE A UTHORITY

(1) There shall be a body, to be known as the Malta

Resources Authority, which shall consist of a Chairman and not

less than four and not more than six other members.

(2) The members of the Authority shall be appointed by the

Minister for a term of one year or for such longer period as may be

specified in the instrument of appointment subject to a maximum of

three years but the members so appointed may be re-appointed on

the expiration of their term of office.

(3) The Minister may designate one of the other members of

the Authority as Deputy Chairman and the member so designated

shall have all the powers and perform all the functions of the

Chairman during his absence or inability to act as Chairman or

while the Chairman is on vacation or during any vacancy in the

office of chairman; and the Minister may also, in any of the

circumstances aforesaid, appoint another person to act as chairman

and in such case the foregoing provisions shall apply in respect of

such person.

(4) A person shall not be qualified to hold office as a member

of the Authority if he -

(a) is a Minister, Parliamentary Secretary or a member of

the House of Representatives;

(b) is a judge or magistrate of the courts of justice; or

(c) has a financial or other interest in any enterprise or

activity which is likely to affect the discharge of his

functions as a member of the Authority

Provided that the Minister may waive the

disqualification of a person under this paragraph if

such person declares the interest and such declaration

and waiver are published in the Gazette.

(5) Subject to the provisions of this article, the office of a

member of the Authority shall become vacant -

(a) at the expiration of his term of office; or

(b) if any circumstances arise that, if he were not a

member of the Authority, would cause him to be

disqualified for appointment as such.

(6) A member of the Authority may be removed from office by

the Minister if, in the opinion of the Minister, such member is unfit

t o c o n t i n u e i n o ff i c e o r h a s b e c o m e i n c a p a b l e o f p r o p e r l y

performing his duties as a member.

(7) If a member resigns or if the office of a member of the

Authority is otherwise vacant or if a member is for any reason

unable to perform the functions of his office, the Minister may

appoint a person who is qualified to be appointed to be a member to

be a temporary member of the Authority; and any person so

appointed shall, subject to the provisions of subarticles (5) and (6),

cease to be such a member when a person has been appointed to fill

the vacancy or, as the case may be, when the member who was

unable to perform the functions of his office resumes those

functions.

(8) Any member of the Authority who has any direct or

indirect interest in any contract made or proposed to be made by the

Authority, not being an interest which disqualifies such member

from remaining a member, shall disclose the nature of his interest

at the first meeting of the Authority after the relevant facts have

come to his knowledge, such disclosure shall then be recorded in

the minutes of the Authority, and the member having an interest as

aforesaid shall withdraw from any meeting at which such contract

is discussed. Any such disclosure shall be communicated to the

Minister without delay. Where the interest of the member is such as

to disqualify him from remaining a member, he shall report the fact

immediately to the Minister and tender his resignation.

(1) * The Authority shall have the following functions:-

(a) to regulate, monitor and keep under review all

practices, operations and activities relating to energy,

water and mineral resources;

(b) to grant any licence, permit or other authorisation, for

the carrying out of any operation or activity relating to

energy, water and mineral resources;

(c) to regulate and secure interconnectivity for the

production, transmission and distribution of the

services or products regulated by or under this Act;

(d) to ensure fair competition in all such practices,

operations and activities;

* Still in force in relation to mineral resources and to the legislation listed in the

Second Schedule to Act XXV of 2015 only.

MALTA RESOURCES AUTHORITY

(e) to establish minimum quality and security standards

for any of the said practices, operations and activities

and to regulate such measures as may be necessary to

ensure public and private safety;

(f)

to secure and regulate the development and

maintenance of efficient systems in order to satisfy, as

economically as possible, all reasonable demands for

the provision of the resources regulated by or under

this Act;

(g) to carry out studies, research or investigation on any

matter relating to the resources regulated by or under

this Act;

(h) to provide information and issue guidelines to the

public and to commercial and other entities on matters

relating to the said resources;

(i)

to regulate the price structure for any activity

regulated by this Act and where appropriate to

establish the mechanisms whereby the price to be

charged for the acquisition, production, manufacture,

sale, storage and distribution thereof is determined;

(j)

to establish the minimum qualifications to be

possessed by any person who is engaged or employed

in any activity regulated by or under this Act;

(k) to establish measures for the protection of the

environment and to promote the efficient use of

resources in the practices, operations and activities

regulated by or under this Act;

(l)

to ensure that international obligations entered into by

the Government relative to the matters regulated by or

under this Act are complied with;

(m) to advise the Minister on the formulation of policy in

relation to matters regulated by this Act, and in

particular in relation to such international obligations;

(n) otherwise to advise the Minister on any matter

connected with its functions under this Act;

(o) to formulate and implement the policies and strategies

with short-term and long-term objectives, in relation to

the activities regulated by this Act;

(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;

(r) to perform such other functions as may from time to

time be assigned to it by the Minister.

(2)

The Authority shall also:-

(a) (Repealed by Act XXV. 2015.43).

(b) * in relation to water -

(i)

secure and regulate the acquisition, production,

storage, distribution or other disposal of water

for domestic, commercial, industrial or other

purposes;

(ii) secure

and

regulate

the

conservation,

augmentation and operation of water resources

and the sources of water supply;

(iii) secure and regulate the treatment, storage,

disposal, use or re-use, as appropriate, of

sewage, waste water, sludge and storm water

run-off;

(iv) secure and regulate the provision of adequate

systems of public sewers and to ascertain their

cleanliness, safety and efficiency;

(v) ensure the safe discharge, reception, treatment

and disposal of trade effluent;

(vi) encourage and regulate the re-use of treated

effluent;

(vii)

ensure the proper and fit disposal of waste water

sewage;

(viii) maximise the use of storm water run-off;

(c) in relation to mineral extraction -

(i)

carry out such functions as may be authorised by

the Minister in terms and for the purposes of the

Petroleum (Production) Act and the Prime

Minister in terms and for the purposes of the

Continental Shelf Act;

(ii) subject to the provisions of sub-paragraphs (i) of

this paragraph, regulate all matters relating to

petroleum extraction;

(iii) subject to the provisions of sub-paragraphs (i)

and (ii) of this paragraph regulate all matters

relating to the extraction of mineral resources;

(iv) ensure the optimum utilisation of mineral

resources and regulate the quality and quantity

of minerals extracted;

(d) (Repealed by Act XXV. 2015.43)

†

(3) The provisions of this article shall be without prejudice to

the exercise of the functions of any authority established by or

under any law in relation to public health, the environment or any

other matter falling within the functions of any such authority.

(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

* in force in relation to the legislation listed in the Second Schedule only.

† in force as applicable.

‡ in force in relation to the legislation listed in the Second Schedule and to mineral

resources only

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.

* (1) Subject to the other provisions of this Act the affairs

and business of the Authority shall be the responsibility of the

Authority itself but save as aforesaid, the executive conduct of the

A u t h o r i t y, i t s a d m i n i s t r a t i o n a n d o r g a n i s a t i o n a n d t h e

administrative control of its officers and employees, shall be the

responsibility of the Chief Executive of the Authority, who shall

also have such other powers as may from time to time be delegated

to him by the Authority.

(2) The Authority shall, in consultation with the Minister,

establish Directorates, Units, Divisions and Sections as

appropriate, and vested with such responsibilities as it may decide

and which it may vary from time to time, as it deems appropriate.

(3) The Authority shall exercise its functions through the

Directorates, Units, Divisions and Sections so established and for

such purpose it shall vest in each of the Directorates, Units,

Divisions and Sections so established and subject to the overall

supervision and control of the Chief Executive, such of its

functions as relate or are ancillary to the matters for which it is

responsible so as to enable the said Directorate, Unit, Division and

Section to give effect to the policies of the Authority and to

otherwise discharge effectively and efficiently the functions of the

Authority in its respective area of operation.

(4) Each of the Directorates, Units, Divisions and Sections so

established shall be headed by an individual who shall either be a

public officer detailed for duty with the Authority or an employee

of the Authority or a person detailed to work for the Authority in

accordance with an agreement made between the Authority and a

public or private undertaking, in either case having adequate

experience or knowledge in the respective area of operation.

(5) The Authority and each of the Directorates, Units,

Divisions and Sections may exercise any one or more of their

functions either directly or through any of their officers or

employees or through an agency authorised for the purpose, or

through a contractor or other person with whom an agreement for

the performance of any one or more of such functions has been

entered into

Provided that nothing in this subarticle shall authorise the

Authority to contract out any of its regulatory or licensing

functions.

(6) Where in this Act anything is to be done by or against or

with respect to the Authority, or any notice is to be or may be given

* this article is in force limitedly with reference to mineral resources and to the

legislation listed in the Second Schedule to Act XXV of 2015.

to the Authority, any such thing or notice may also be done by or

against or with respect to or be given to the Directorate, Unit,

Division and Section under whose jurisdiction the matter falls by

reason of a delegation of function to such Directorate, Unit,

Division and Section; and for the purposes aforesaid any reference

in this Act to the Authority includes a reference to the appropriate

Directorate, Unit, Division and Section.

(7) The Chief Executive and the heads of the Directorates,

Units, Divisions and Sections shall be appointed by the Authority

following consultation with the Minister for a period of three years

and such period may be extended for further periods of three years

each

Provided that the first Chief Executive and the first head of

each Directorate, Unit, Division and Section shall be appointed by

the Minister.

(8) The Chief Executive shall attend all the meetings of the

Board but shall not vote at such meetings

Provided that the Authority may if it so deems fit require

the Chief Executive not to attend any of the meetings or any part of

a meeting.

(9) The Chief Executive shall be responsible for the

implementation of the objectives of the Authority in the exercise of

its functions and without prejudice to the generality of the

foregoing he shall -

(a) assume full responsibility for the overall supervision

and control of the Directorates, Units, Divisions and

Sections;

(b) assign to each Directorate, Unit, Division and Section

such duties which he considers necessary or expedient;

(c) co-ordinate the workings of the Directorates, Units,

Divisions and Sections;

(d) develop

the

necessary

strategies

for

the

implementation of the objectives of the Authority;

(e) advise the Authority on any matter it may refer to him

or on any matter which he considers necessary or

expedient; and

(f)

such other duties as the Authority may assign to him

from time to time.

* (1) The Minister may, in relation to matters that appear to

him to affect the public interest, from time to time give to the

A u th o r i ty d i r e c t i o n s i n w r i t i n g o f a g e n e r a l c h a r a c t e r, n o t

inconsistent with the provisions of this Act, on the policy to be

followed in the carrying out of the functions vested in the Authority

by or under this Act, and the Authority shall, as soon as may be,

give effect to all such directions.

(2)

The Authority shall afford to the Minister facilities for

* this article is in force limitedly with reference to mineral resources and to the

legislation listed in the Second Schedule to Act XXV of 2015.

obtaining information with respect to its property and activities and

furnish him with returns, accounts and other information with

respect thereto, and afford to him facilities for the verification of

information furnished, in such manner and at such times as he may

reasonably require.

(3) If the Authority fails to comply with any directions issued

under this article, the Prime Minister may make an order

transferring to the Minister in whole or in part any of the functions

of the Authority.

* (1) The Authority shall be a body corporate having a

distinct legal personality and shall be capable, subject to the

provisions of this Act, of entering into contracts, of acquiring,

holding and disposing of any kind of property for the purposes of

its functions, or suing and being sued, and of doing all such things

an d en teri ng int o al l su ch t ran sactions as are incidental or

conducive to the exercise or performance of its functions under this

Act, including the lending or borrowing of money.

(2) The legal representation of the Authority shall jointly vest

in the Chairman and the Chief Executive

Provided that the Authority may appoint any one or more

of its members or of the officers or employees of the Authority to

appear in the name and on behalf of the Authority in any judicial

proceedings and in any act, contract, instrument or other document

whatsoever

Provided further that in respect of any matter falling within

the functions vested in a Directorate, the legal and judicial

representation of the Authority shall also vest in the head of the

Directorate or in such other member, officer or employee of the

Authority, as the Authority may appoint or authorise for the

purpose.

(3) Any document purporting to be an instrument made or

issued by the Authority and signed by the Chairman or by the Chief

Executive or by a head of a Directorate in relation to any matter

vested in the relative Directorate by the Authority shall be received

in evidence and shall, until the contrary is proved, be deemed to be

an instrument made or issued by the Authority.

* (1) The meetings of the Authority shall be called by the

Chairman as often as may be necessary but at least once a month

either on his own initiative or at the request of any two of the other

members.

(2) Half the number of members for the time being

constituting the Authority shall form a quorum. Decisions shall be

adopted by a simple majority of the votes of the members present

and voting. The Chairman, or in his absence the Deputy Chairman

or other person appointed to act as chairman, shall have an initial

vote and in the event of an equality of votes, a casting vote.

Without prejudice to the other requirements of this Act, no decision

shall be valid which is not supported by at least two members of the

* this article is in force limitedly with reference to mineral resources and to the

legislation listed in the Second Schedule to Act XXV of 2015.

Authority.

(3) Subject to the provisions of this Act the Authority may

regulate its own procedure.

(4) Subject to the foregoing provisions of this article, no act or

proceeding of the Authority shall be invalidated merely by reason

of the existence of any vacancy among the members.

(5) All acts done by any person acting in good faith, as a

member of the Authority shall be valid as if he were a member

notwithstanding that some defect in his appointment or

qualification be afterwards discovered. No act or proceeding of the

Authority shall be questioned on the ground of the contravention,

by a member, of the provisions of article 3(8).

P ART III - O FFICERS AND E MPLOYEES OF THE A UTHORITY

Without prejudice to the other provisions of this Act, the

appointment of officers and other employees of the Authority shall

be made by the Authority. The terms and conditions of employment

shall be established by the Authority with the concurrence of the

Minister.

The Authority shall appoint and employ, at such

remuneration and upon such time terms and conditions as it may, in

accordance with article 9 determine, such officers and employees

of the Authority as may from time to time be necessary for the due

and efficient discharge of the functions of the Authority.

(1) The Prime Minister may, at the request of the

Authority, from time to time direct that any public officer shall be

detailed for duty with the Authority in such capacity and with

effect from such date as may be specified in the Prime Minister’s

direction.

(2) The period during which a direction as aforesaid shall

apply to any officer specified therein, shall, unless the officer

retires from the public service, or otherwise ceases to hold office at

an earlier date, or unless a different date is specified in such

direction, cease to have effect after one year from the effective date

of such direction unless the direction is revoked earlier by the

Prime Minister.

(1) Where any officer is detailed for duty with the

Authority under any of the provisions of article 11, such officer

shall, during the time in which such direction has effect in relation

to him, be under the administrative authority and control of the

Authority but he shall for other intents and purposes remain and be

considered and treated as a public officer.

(2) Without prejudice to the generality of the foregoing, an

officer detailed for duty as aforesaid -

(a) shall not during the time in respect of which he is so

detailed -

(i)

be precluded from applying for a transfer to a

department of the Government in accordance

with the terms and conditions of service attached

to the appointment under the Government held

by him at a date on which he is so detailed for

duty; or

(ii) be so employed that his remuneration and

conditions of service are less favourable than

those which are attached to the appointment

under the Government held by him at the date

aforesaid or which would have become attached

to such appointment, during the said period, had

such officer not been detailed for duty with the

Authority; and

(b) shall be entitled to have his service with the Authority

considered as service with the Government for the

purposes of any pension, gratuity, or benefit under the

Pensions Ordinance and the Widows’ and Orphans’

Pensions Act and of any other right or privilege to

which he would be entitled, and liable to any liability

to which he would be liable, but for the fact of his

being detailed for duty with the Authority.

(3) Where an application is made as provided in subarticle

(2)(a)(i) the same consideration shall be given thereto as if the

applicant had not been detailed for service with the Authority.

(4) The Authority shall pay to the Government such

contributions as may from time to time be determined by the

Minister responsible for finance in respect of the cost of pensions

and gratuities earned by an officer detailed for duty with the

Authority as aforesaid during the period in which he is so detailed.

(1) The Authority may, with the approval of the Prime

Minister, offer to any officer detailed for duty with the Authority

under any of the provisions of article 11 permanent employment

with the Authority at a remuneration and on terms and conditions

not less favourable than those enjoyed by such officer at the date of

such offer.

(2) The terms and conditions comprised in any offer made as

aforesaid shall not be deemed to be less favourable merely because

they are not in all respects identical with or superior to those

enjoyed by the officer concerned at the date of such offer, if such

terms and conditions, taken as a whole, in the opinion of the Prime

Minister offer substantially equivalent or greater benefits.

(3) Every officer who accepts permanent employment with the

Authority offered to him, under the provisions of subarticle (1)

shall for all purposes other than those of the Pensions Ordinance

and of the Widows’ and Orphans’ Pensions Act, and saving the

provisions of subarticle (6), be deemed to have ceased to be in

service with the Government and to have entered into service with

the Authority on the date of his acceptance, and for the purposes of

the said Ordinance and of the said Act, so far as applicable to him,

service with the Authority shall be deemed to be service with the

Government within the meanings thereof respectively.

(4) Every such officer as aforesaid who, immediately before

accepting permanent employment with the Authority was entitled

to benefit under the Widows’ and Orphans’ Pensions Act, shall

continue to be so entitled to benefit thereunder to all intents as if

his service with the Authority were service with the Government.

(5) The Authority shall pay to the Government such

contributions as may from time to time be determined by the

Minister responsible for finance in respect of the cost of pensions

and gratuities earned by an officer who has accepted performance

employment with the Authority as aforesaid during the period

commencing on the date of such officer’s acceptance.

(6) For the purposes of the Pensions Ordinance the

pensionable emoluments of such public officer on retirement shall

be deemed to be the pensionable emoluments payable to an officer

in Government service in a grade and at an incremental level

corresponding to the post and incremental level at which the officer

retires from the Authority.

(7)

(a) For the purposes of this article posts and salary grades

with the Authority shall be classified in the most

nearly corresponding grades and incremental levels in

the service under the Government of Malta by

reference to job description, skills, responsibilities and

other analogous factors.

(b) The classification referred to in paragraph (a) shall be

carried out by a board composed of a chairman

appointed by the Ministry responsible for finance and

two other members, one appointed by the Ministry

responsible centrally for personnel policies in the

public service and one appointed by the Authority. The

classification shall be subject to the final approval of

the Minister responsible for finance.

(c) Such classification shall take place within three

months of any adjustment of salaries of employees in

Government service and, or, of employees of the

Authority.

(d) No post shall be classified in a grade higher than that

of a Grade 3 in the service of the Government or such

other grade that the Minister responsible for finance

may from time to time by notice in the Gazette

determine.

(e) Without prejudice to article 113 of the Constitution, no

person may, following a classification as aforesaid, be

entitled to rights under the said Pensions Ordinance

less favourable than those to which he would have

been entitled prior to such classification.

P ART IV - F INANCIAL P ROVISIONS

(1) Without prejudice to the following provisions of this

article, the Authority shall so conduct its affairs that so much of the

expenditure required for the proper performance of its functions

shall, as far as possible, be met out of its revenue.

(2)

For such purpose the Authority shall levy all fees, rates and

other payments prescribed or deemed to be prescribed by or under

this Act or any other law related to the powers and functions of the

Authority.

(3) The Authority shall also be paid by Government out of the

Consolidated Fund such sums as Parliament may from time to time

authorise to be appropriated to meet any of its expenditure that

cannot be met out of its revenue and the costs of specified works to

be continued or otherwise carried out by the Authority, being works

of infrastructure or a similar capital nature.

(4) Any excess of revenue over expenditure shall, subject to

such directives as the Minister, after consultation with the Minister

responsible for finance, may from time to time give, be applied by

the Authority to the formation of reserve funds to be used for the

purposes of the Authority; and without prejudice to the generality

of the powers given to the Minister by this subarticle, any direction

given by the Minister as aforesaid may order the transfer to the

Government, or the application in such manner as may be specified

in the direction, of any part of the fees, rates and other payments

levied in accordance with subarticle (2) or any such excess as

aforesaid.

(5) Any funds of the Authority not immediately required to

meet expenditure may be invested in such manner as may from time

to time be approved by the Minister.

(1) For the purpose of carrying out any of its functions

under this Act, the Authority may, with the approval in writing of

the Minister given after consultation with the Minister responsible

for finance, borrow or raise money in such manner, from such

person, body or authority, and under such terms and conditions as

the Minister, after consultation as aforesaid, may in writing

approve.

(2) The Authority may also, from time to time, borrow, by way

of overdraft or otherwise, such sums as it may require for carrying

out its functions under this Act

Provided that for any amount in excess of one hundred and

sixteen thousand and four hundred and sixty-eight euro and sixty-

seven cents (116,468.67), there shall be required the approval of

the Minister in writing.

The Minister responsible for finance may, after

consultation with the Minister, make advances to the Authority of

such sums as he may agree to be required by the Authority for

carrying out any of its functions under this Act, and may make such

a d v a n c e s o n s u c h t e r m s a n d c o n d i t i o n s a s h e m a y, a f t e r

consultation as aforesaid, deem appropriate. Any such advance may

be m ade by the Min ister r esponsible for finance o ut of the

Consolidated Fund, and without further appropriation other than

this Act, by warrant under his hand authorising the Accountant

General to make such advance.

(1) The Minister responsible for finance may, for any

requirements of the Authority of a capital nature, contract or raise

loans, or incur liabilities, for such periods and on such terms and

conditions as he may deem appropriate; and any sums due in

respect of or in connection with any such loan or liability shall be a

charge on the Consolidated Fund.

(2) Notice of any loans, liabilities or advances made or

incurred under the foregoing provisions of this article shall be

given to the House of Representatives as soon as practicable and, in

any case, not later than eight weeks after such loan, liability or

advance is made, or if at any time during that period the House is

not in session, within eight weeks from the beginning of the next

following session.

(3) Pending the raising of any such loan as is mentioned in

subarticle (1), or for the purpose of providing the Authority with

working capital, the Minister responsible for finance may, by

warrant under his hand, and without further appropriation other

than this Act, authorise the Accountant General to make advances

to the Authority out of the Treasury Clearance Fund under such

terms as may be specified by the Minister upon the making thereof.

(4) The proceeds of any loan raised for the purposes of making

advances to the Authority, and any other moneys to be advanced to

the Authority under this article, shall be paid into a fund specially

established for the purpose and which shall be known as the "Malta

Resources Authority Loan Fund".

(5) Sums received by the Accountant General from the

Authority, in respect of advances made to the Authority under

subarticle (3) shall be paid, as respects of amounts received by way

of repayment into the Treasury Clearance Fund and, as respects of

amounts received by way of interest into the Consolidated Fund.

(1) The Authority shall cause to be prepared in every

financial year, and shall not later than six weeks after the end of

each such year adopt, estimates of the income and expenditure of

the Authority for the next following financial year

Provided that the estimates for the first financial year of

the Authority shall be prepared and adopted within such time as the

Minister may by notice in writing to the Authority specify.

(2) In the preparation of such estimates the Authority shall

take account of any funds and other monies that may be due to be

paid to it out of the Consolidated Fund during the relevant financial

year, whether by virtue of this Act or an appropriation Act or of any

other law; and the Authority shall so prepare the said estimates as

to ensure that the total revenues of the Authority are at least

sufficient to meet all sums properly chargeable to its revenue

account including, but without prejudice to the generality of that

expression, depreciation.

(3) The estimates shall be made out in such form and shall

contain such information and such comparison with previous years

as the Minister responsible for finance may direct.

(4) A copy of the estimates shall, upon their adoption by the

Authority, be sent forthwith by the Authority to the Minister and to

the Minister responsible for finance.

(5) The Minister shall, at the earliest opportunity and not later

than six weeks after he has received a copy of the estimates from

the Authority approve the same with or without amendment after

consultation with the Minister responsible for finance.

(1) No expenditure shall be made or incurred by the

Authority unless provision therefor been made in the estimates

approved as provided in article 18.

(2)

Notwithstanding the provisions of subarticle (1) -

(a) until the expiration of six months from the beginning

of a financial year, or until the approval of the

estimates for that year, whichever is the earlier date,

the Authority may make or incur expenditure for

carrying on its functions under this Act not exceeding

in the aggregate one-half of the amount approved for

the preceding financial year;

(b) expenditure approved in respect of a head or sub-head

of the estimates may, with the approval of the Minister

given after consultation with the Minister responsible

for finance, be made or incurred in respect of another

head or sub-head of the estimates;

(c) in respect of the first financial year, the Authority may

make or incur expenditure not exceeding in the

aggregate such amounts as the Minister responsible for

finance may, after consultation with the Minister,

allow;

(d) if in respect of any financial year it is found that the

amount approved in the estimates is not sufficient or a

need has arisen for expenditure for a purpose not

provided for in the estimates, the Authority may adopt

supplementary estimates for approval by the Minister

and in any such case the provisions of this Act

applicable to the estimates shall as near as practicable

apply to the supplementary estimates.

The Minister shall, at the earliest opportunity and not later

than eight weeks after he has received a copy of the estimates and

supplementary estimates of the Authority, or if at any time during

that period the House of Representatives is not in session, within

eight weeks from the beginning of the next following session, cause

s u c h e s t i m a t e s t o b e l a i d o n t h e Ta b l e o f t h e H o u s e o f

Representatives.

(1) The Authority shall cause to be kept proper accounts

and other records in respect of its operations, and shall cause to be

prepared a statement of accounts in respect of each financial year.

(2) The accounts of the Authority shall be audited by an

auditor or auditors to be appointed by the Authority and approved

by the Minister

Provided that the Minister responsible for finance may,

after consultation with the Minister, require the books and accounts

of the Authority to be audited or examined by the Auditor General

who shall for the purpose have the power to carry out such physical

checking and other certifications as he may deem necessary.

(3)

After the end of each financial year, and not later than the

date on which the estimates of the Authority are forwarded to the

Minister under article 18, the Authority shall cause a copy of the

statement of account duly audited to be transmitted to the Minister

and to the Minister responsible for finance together with a copy of

any report made by the auditors on that statement or on the

accounts of the Authority.

(4) The Minister shall, at the earliest opportunity and not later

than eight weeks after he has received a copy of every such

statement and report, or if at any time during that period the House

of Representatives is not in session, within eight weeks from the

beginning of the next following session, cause every such statement

and report to be laid on the Table of the House of Representatives.

(1) All monies accruing to the Authority shall be paid into

a bank or banks appointed as bankers of the Authority by a

resolution of the Authority. Such monies shall, as far as practicable,

be paid into any such banks from day to day, except such sum as the

Authority may authorise to be retained to meet petty disbursements

and immediate cash payments.

(2) All payments out of the funds of the Authority, other than

petty disbursements not exceeding a sum fixed by the Authority,

shall be made by such officer or officers of the Authority as the

Authority shall appoint or designate for that purpose.

(3) Cheques against and withdrawals from any bank account of

the Authority shall be signed by such officer of the Authority as

may be appointed or designated by the Authority for that purpose

and shall be countersigned by the Chairman, or such other member

or officer of the Authority as may be authorised by the Authority

for that purpose.

(4)

The Authority shall also make provision with respect to -

(a) the manner in which and the officer or officers by

whom payments are to be authorised or approved;

(b) the title of any account held with the bank or banks

into which the monies of the Authority are to be paid,

and the transfer of funds from one account to the other;

(c) the method to be adopted in making payments out of

funds of the Authority;

and generally with respect to any matter which is relevant to the

proper keeping and control of the accounts and books, and the

control of the finance, of the Authority.

Without prejudice to any directions communicated by the

Minister under article 6(1), the Authority shall not, except with the

approval of the Minister granted for special reasons and after

consultation with the Minister responsible for finance, award or

enter into any contract for the supply of goods or materials or for

the execution of works, or for the rendering of services, to or for

the benefit of the Authority, which is estimated by the Authority to

exceed six thousand and nine hundred and eighty-eight euro and

twelve cents (6,988.12) or such other amount as the Minister

responsible for finance may by regulations prescribe, except after

notice of the intention of the Authority to enter into the contract has

been published and competitive tenders have been issued.

The Authority shall, not later than six weeks after the end

of each financial year, make and transmit to the Minister and to the

Minister responsible for finance a report dealing generally with the

activities of the Authority during that financial year and containing

such information relating to the proceedings and policy of the

Authority as either of the said Ministers may from time to time

require. The Minister shall, at the earliest opportunity and not later

than eight weeks after he has received a copy of every such report,

or if at any time during that period the House of Representatives is

not in session, within eight weeks from the beginning of the next

following session, cause a copy of every such report to be laid on

the Table of the House of Representatives.

P ART V - M ISCELLANEOUS*

(1) The Minister may from time to time appoint advisory

committees in respect of such sector or sectors as he may

determine.

(2) An advisory committee shall, for the better carrying out of

the provisions of this Act, advise the Authority on such matters and

perform such other functions as the Minister may specify in the

instrument of appointment.

(3) The members of the committee shall be appointed by the

Minister and shall hold office for such period and on such terms

and conditions as the Minister may deem appropriate.

(4) Each committee shall consist of one member representing

the Authority as Chairman and such other members as the Minister

may deem fit to appoint.

(5) The provisions of paragraph of subarticle (4)(a), article

3(5) and (8) shall mutatis mutandis apply to the members of the

advisory committees.

(6) Each advisory committee shall keep minutes of all its

meetings and shall forward copies of such minutes to the Authority.

The provisions of article 8 shall mutatis mutandis apply to the

committee and its members.

(1) Save as may otherwise be prescribed, no person shall

carry out any activity or operation, or be engaged in such activity

or operation, relating to energy, water and mineral resources unless

such person is in possession of a licence, permit or other

authorisation of the Authority under this Act

Provided that in relation to the exploration and production

of hydrocarbons, power to exercise the issue of a licence under this

Act shall be subject to an authorisation of the Minister in terms of

the Petroleum (Production) Act.

(2) Any person who carries out any such activity without a

licence or who acts in breach of any condition of such licence, shall

be guilty of an offence and shall be liable on conviction to a fine

* the articles in this Part are in force in relation to mineral resources and to the

legislation listed in the Second Schedule to Act XXV of 2015 only.

(multa) not exceeding one hundred and sixteen thousand and four

hundred and sixty-eight euro and sixty-seven cents (116,468.67) or

to imprisonment for a term not exceeding two years, or to both such

fine and imprisonment.

(3) Saving the provisions of article 469A of the Code of

Organization and Civil Procedure no appeal shall lie from any

decision of the Authority under subarticle (1).

(4) The provisions of this article shall not apply to any cistern

or well in any dwelling house, which is required to be constructed

under any law, and the provisions of this article shall not be deemed

to require any licence or permit for the construction and

maintenance of any such cistern or well, so however this

construction shall not preclude the Authority from exercising any

of its functions and powers under this Act for the purpose of

ensuring that water is not wasted or misused and that no damage is

caused to the aquifer or elsewhere.

(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.

The members of the Authority, the members of the

advisory com m ittees and all officers and employees o f the

Authority shall be deemed to be public officers within the meaning

and for the purposes of the Criminal Code.

(1) The Minister may, after consultation with the

Authority make regulations in respect of any of the functions of the

Authority or for the better carrying out of any of the provisions of

this Act.

(2) Without prejudice to the generality of the aforesaid power

such regulations may, in particular provide -

(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 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 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;

MALTA RESOURCES AUTHORITY

(d) for securing adequate reserves, where applicable, and

for securing the adequate provision of the resources

regulated by or under this Act;

(e) for the compulsory acquisition and distribution of any

such resources during periods of scarcity;

(f)

for the minimum standards to be adopted in, and any

other matter related to the conservation, acquisition,

supply, sale, storage, generation, distribution,

transmission, export, treatment, re-use or disposal and

any other practices, operations and activities,

regulated by or under this Act including the means by

which such resources are to be protected, acquired,

supplied, sold, stored, generated, distributed,

transmitted, exported, treated, re-used or disposed of;

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

and maintenance of an efficient customer service by

authorised providers for consumers;

(h) to secure and regulate the conservation, augmentation,

operation and use of sources of energy, water and

mineral resources as well as the promotion and the

harnessing, generation and use of all forms of

resources;

(i)

for ensuring fair competition in all practices,

operations and activities related to resources;

(j)

for the undertaking of studies, research or

investigation on any matter relating to the resources

regulated by or under this Act and the provision of

information, the issue of guidelines to the public and

to commercial entities on matters relating to the said

resources;

(k) to give effect to any international obligation entered

into by Government in relation to the resources

regulated by or under this Act;

(l)

for regulating the services that may be required in

relation to energy, water or mineral resources and the

time, manner, place and condition in which or under

which such services are to be provided;

(m) for the regulation of the qualifications to be possessed

by persons who are employed in any activity regulated

by or under this Act;

(n) for matters concerning the construction, condition and

maintenance of any facilities, apparatus and other

equipment utilised in the provision of any of the said

resources or services related thereto;

(o) for prescribing the information to be retained by

authorised providers under this Act and the provision

of statistical data by such authorised providers, and on

any other matter relating to provision of information

by authorised providers to the Authority;

(p) for the making of any deposit or the giving of any

guarantee to ensure the performance of any obligation

by any person imposed as a condition of any permit,

authorisation or licence under this Act;

(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) (deleted by Legal Notice 184 of 2012);

(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.

(1) The execution of all works in connection with any

services provided under a licence issued under this Act shall be

carried out in such manner as may be agreed between the service

provider and the person receiving such services.

(2) The provider of any service for which a licence is required

under this Act and any employee duly authorised by him may at all

reasonable times enter any premises for the purpose of -

(a) ascertaining that the services are being used in

accordance with the conditions under which they are

supplied;

(b) maintaining or repairing any equipment supplied by

him in relation to such service;

(c) ascertaining such data or information that may be

required in connection with the provision of such

service

Provided that any such service provider shall

repair all damage caused by such entry.

(3) Any person who obstructs or impedes any person in the

exercise of his duties under subarticle (1) hereof shall be guilty of

an offence against this Act.

(1) Any officer or employee of the Authority so 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 sixty-nine thousand and eight hundred and eighty-

one euro and twenty cents (69,881.20) or to both such fine and

imprisonment.

(1) The Authority may impose an 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) shall not

exceed one hundred thousand euro (€100,000) for each contravention

and, or six hundred euro (€600) for each day of non-compliance, from

the date of the decision given by the Authority.

(1) The Authority, before imposing an administrative

penalty upon any person who infringes or fails to comply with -

(a) any provision of this Act;

(b) regulations made thereunder;

(c) any other law which the Authority is entitled to

enforce;

(d) any directive or decision given by the Authority

whether under this Act, regulations made thereunder

or under any other law which the Authority is entitled

to enforce; or

(e) any condition of any authorisation granted under this

Act,

shall by judicial letter to the person concerned -

(i)

give notice of the administrative penalty that

may be imposed by the Authority;

(ii) give notice of the specific reason why such

penalty may be imposed;

(iii) give notice of the amount of the penalty;

(iv) demand that the person concerned rectify the

acts or omissions committed by such person and,

or make submissions to the Authority within a

specified time

Provided that such time may not be of more than

twenty days and of not less than five days from

the date of service of the judicial letter

Provided further that the person, against whom an

administrative penalty may be imposed, shall be given a reasonable

opportunity during such period of time as may be stipulated in the

judicial letter to make submissions to the Authority and to propose

any remedies that rectify the acts or omissions required by the

Authority to be so rectified.

(2) In the judicial letter mentioned in subarticle (1), the

Authority may impose such conditions as it may consider

reasonable in the circumstances.

(3) If the person concerned remedies the infringement within

the period established by the Authority in accordance with

subarticle (1), and agrees in writing to abide with any conditions

that the Authority may impose, the Authority shall desist from

proceeding any further

Provided that if the person concerned, after having been

bound in writing as stated above, fails to remedy the infringement

within the period established by the Authority in accordance with

subarticle (1) or fails to abide with any conditions agreed to in

writing, the Authority shall impose against such person an

administrative penalty for such failure, in addition to the

administrative penalty which may be imposed for the infringement

itself.

(4) If, after the lapse of the period mentioned in subarticle (1),

the Authority considers that the person concerned has not given

any valid reasons to demonstrate why no administrative penalty

should be imposed against such person, the Authority shall proceed

to impose such administrative penalty.

(5) Notwithstanding any other provision of this article, where

the Authority has prima facie evidence that the infringement -

(a) represents an immediate and serious threat to public

safety or public security or public health; or

(b) creates or may create serious economic or operational

problems for other providers of resources or for

consumers,

the Authority may shorten the periods mentioned in subarticle (1)

Provided that the person against whom such administrative

penalty is imposed shall be given a reasonable opportunity to state

any views and propose any possible remedies.

(6) The judicial letter referred to in subarticle (1), upon the

expiry of the time limit for appeal therefrom, and upon the service

of a copy thereof by means of a judicial act on the person liable to

the payment of the administrative penalty, shall constitute an

executive title for all effects and the purposes of article 253(a) of

the Code of Organization and Civil Procedure

Provided that if the person, against whom the judicial letter

has been issued, files an appeal before the Administrative Review

Tribunal, and concurrently with or before the filing of the appeal

requests the Administrative Review Tribunal to suspend the effects

of the judicial letter, then the Authority shall desist from issuing a

judicial act as referred to in this subarticle until the request of

suspension has been determined, withdrawn or otherwise dealt

with

Provided further that the Administrative Review Tribunal

shall determine any requests for suspension referred to in this

subarticle expeditiously. Before determining any such request the

Adm inistrativ e Review Tribunal shall give the Authority a

reasonable opportunity to reply and make its submissions, within a

period not less than three working days.

(7) Interest at the rate of eight per cent per annum shall run as

from the date set by the Authority for the payment of any

administrative penalty imposed by it. In cases where the

Administrative Review Tribunal or the Court of Appeal, as the case

may be, after having upheld an application to suspend the penalty

pending proceedings, finally decides that the administrative penalty

as imposed by the Authority is due, such administrative penalty

shall be due together with any interests accrued thereon as from the

date originally set by the Authority for payment including the

period during which the payment of the said penalty was

suspended.

(8) The Authority shall give its reasons for any decision taken

under this article.

(9) Notwithstanding the provisions of any other law, no

precautionary warrant or order shall be issued by any court

restraining the Authority from the exercise of any of the powers

conferred upon it under this Act in relation to administrative

penalties.

(10) In all cases where the Authority imposes an administrative

penalty in respect of anything done or omitted to be done by any

person and such act or omission also constitutes a criminal offence,

no proceedings may be taken or continued against the said person

in respect of such criminal offence.

(11) An administrative penalty imposed by the Authority upon

any person shall be considered a civil debt.

(12) If any person knowingly avoids, obstructs or refuses

service of any judicial act issued under this article, such person

shall be guilty of an offence and shall be liable, on conviction, to a

fine (multa) of not more than seventy thousand euro (€70,000).

Where an administrative infringement breaches -

(a) any provision of this Act;

(b) regulations made thereunder;

(c) any other law which the Authority is entitled to

enforce;

or any person -

(i)

fails to comply with any directive or decision

given by the Authority whether under this Act,

regulations made thereunder or under any other

law which the Authority is entitled to enforce;

or

(ii) fails to comply with any condition of any

authorisation granted under this Act, and the

infringement is committed by a body corporate

and is proved to have been committed with the

consent, or involvement of, or to be attributable

to, any gross negligence on the part of a person

being a director, manager, secretary or other

officer, however so described, of such body

corporate or a person who was purporting to act

in any such capacity,

such person and such body corporate, shall be responsible for the

said infringement and shall be jointly and severally liable for the

payment of any administrative penalty imposed by the Authority as

a consequence thereof.

Without prejudice to any other provision of this Act the

M i n i s t e r m a y, a f t e r c o n s u l t a t i o n w i t h t h e A u t h o r i t y, m ak e

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 sixty-nine thousand

and eight hundred and eighty-one euro and

twenty cents (69,881.20); or

(ii) one thousand and three hundred and ninety-

seven euro and sixty-two cents (1,397.62) for

each day during which the offence persists.

(1) The provisions of the Administrative Justice Act, in so

far as they apply to the Administrative Review Tribunal, shall

apply to any proceedings before the said Tribunal and the words

"public administration" in the said enactment shall be construed as

a reference to the Authority.

(2)

The provisions of article 25 of the Administrative Justice Act

shall apply to any proceedings pending before the Resources Appeals

Board constituted under article 33, as the said article stood prior to the

coming into force of this article, and any such proceedings shall be

assigned to the Administrative Review Tribunal in terms of the

aforesaid article 25 with effect from 1st July, 2012.

(1) An appeal shall lie to the Administrative Review

Tribunal on any decision of the Authority in accordance with the

provisions of this Act and any regulations made thereunder, and the

right to appeal shall be competent to any person aggrieved by such

decision.

(2) An appeal to the Administrative Review Tribunal may be

filed on any of the following grounds

(a) that a material error as to the facts has been made;

(b) that there was a material procedural error;

(c) that an error of law has been made;

(d) that there was some material illegality, including

unreasonableness or lack of proportionality.

(3) The Administrative Review Tribunal shall give reasons for

its decision and shall cause such decisions to be made public

omitting, if it deems it appropriate for reasons of confidentiality,

the names of the persons involved.

(4) In determining an appeal the Administrative Review

Tribunal 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.

(5) The effect of a decision to which an appeal relates shall not,

except where the Administrative Review Tribunal or the Court of

Appeal, as the case may be, so orders, be suspended in consequence

of the bringing of the appeal.

(6) The right of appeal to the Administrative Review Tribunal

shall be competent to any person aggrieved by the decision

Provided that in any case, a person making an appeal to the

Administrative Review Tribunal shall also require a direct interest in

impugning the decision or directive appealed from.

(7)

Without prejudice to the provisions of article 31A -

(a) an appeal from a decision or directive of the Authority

shall be made by application and shall be filed with the

secretary of the Administrative Review Tribunal within

twenty days from the date on which the said decision

or directive has been notified in writing to the party

appealing or published in the Gazette whichever is the

earlier, as the case may be; and

(b) the application of appeal shall be served on the

Authority, which shall not later than twenty days from

such service file its reply thereto with the secretary of

the Administrative Review Tribunal.

(1) The Administrative Review Tribunal shall be

competent to hear and decide any appeal made to it in accordance

with the provisions of this Act and any regulations made

thereunder; and, subject to article 36, the decisions of the said

Tribunal shall be final and binding.

(2) In the exercise of its functions, the Tribunal may summon

any person to appear before it and give evidence and produce

documents; and the chairperson shall have the power to administer

the oath. The Tribunal may also appoint experts to advise the

Tribunal on any technical issue that may be relevant to its decision.

(3) For the purposes aforesaid the Tribunal shall have the same

powers as are competent to the First Hall, Civil Court according to

law.

(4) The procedure to be followed before the Tribunal, the time

within which and the manner in which an appeal to the Tribunal is to

be made shall be such as may be prescribed; and subject thereto, and to

any other applicable provision of this Act, the Tribunal may establish

its own procedure.

(1) Any party to an appeal to the Tribunal who feels

aggrieved by a decision of the Tribunal, or the Authority if it feels

dissatisfied with any such decision, may on a question of law

appeal to the Court of Appeal in terms of the Administrative Justice

Act.

(2) The appeal shall be made by means of an application filed in

the registry of that court within twenty days from the date on which

that decision has been notified.

(1) Any subsidiary legislation prescribed under any of the

provisions of the enactments listed in the Schedule shall continue

in force and any such subsidiary legislation shall have effect as if

made under this Act and may be amended, substituted or revoked

accordingly.

(2) Any licence, permission, authority or order granted or made

under any of the provisions of the enactments listed in the

Schedule, and still in force immediately before the coming into

force of this Act, shall continue in force thereafter as if it were a

licence, permission, authority or order granted or made under a

correspond ing provision of this Act, and any such licen ce,

permission, authority or order as aforesaid shall be treated and

dealt with accordingly.

(3) The penalties prescribed under article 45(q) * of the Water

Services Corporation Act shall, until regulations are prescribed

under article 32, be deemed to be the penalties prescribed under

this said article 32.

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

*Deleted by this Act.

omitted to be done in good faith in the course of the administration

of this Act or of any other law.

(1) In regulating access to service activities falling under

this Act and, or the exercise thereof, the Authority shall, where

such service activities fall within the scope of the Services

(Internal Market) Act

(a) act objectively, transparently, efficiently and in a

timely manner;

(b) provide information and assistance to service

providers and recipients subject to the provisions of

this Act;

(c) make it possible to complete all procedures and

formalities relating to access to a service activity and

to the exercise thereof, available electronically

through the designated point of single contact

Provided that the requirement to make it possible to

complete all procedures and formalities electronically through the

point of single contact shall not apply to the inspection of premises

from which the service is provided or of equipment used by the

service provider.

(2) When a service provider is already established in another

Member State, and seeks access to a service activity or the exercise

thereof in Malta

(a) where the service activity is subject to an authorisation

scheme or the fulfilment of other requirements

regulating establishment in Malta, the Authority shall

not duplicate requirements or controls which are

equivalent or essentially comparable as regards their

purpose which a service provider may already be

subject to in another Member State where he is already

established;

(b) where the Authority requires a service provider to

supply a certificate, attestation or document proving

that a requirement has been satisfied in terms of this

Act or regulations made thereunder

(i)

it shall accept any document from another

Member State which serves an equivalent

purpose or from which it is clear that the

requirement in question has been satisfied;

(ii) it may not require a document from another

Member State to be produced in its original form

or as a certified copy or certified translation save

in the cases provided for in a Community

instrument or where such a requirement is

justified by an overriding reason relating to the

public interest, including public order and public

security

Provided that the provisions of this paragraph shall not

affect the right of the Authority from requesting a non-

certified translation of documentation in the Maltese

or in the English language.

(3) Where the number of authorisations available for a service

activity is limited because of the scarcity of available natural

resources, technical capacity or if justified by an overriding reason

relating to public interest, the Authority shall apply a selection

procedure to potential candidates in order to ensure impartiality,

transparency, conditions of o pen competition, i ncluding in

particular, adequate publicity about the launch, conduct and

completion of the procedure. In establishing the rules for the

selection procedure, the Authority may give consideration to issues

relating to public health, social policy objectives, the health and

safety of employees or self-employed persons, the protection of the

environment, and other overriding reasons relating to the public

interest, in conformity with Community law.

(4) An authorisation granted to a service provider shall be for

an indefinite period, except where

(a) the authorisation is being automatically renewed or is

subject only to the continued fulfilment of

requirements;

(b) the number of available authorisations is limited in

terms of sub-article (3);

(c) a limited authorisation period can be justified by an

overriding reason relating to the public interest

Provided that in cases referred to in paragraph (b), an

authorisation shall be granted for an appropriate limited period

enabling the service provider to recover the cost of investment and

to make a fair return on the capital invested, which authorisation

may not have an excessive duration, be open to automatic renewal

nor confer any other advantage on the service provider whose

authorisation has just expired or on any person having any

particular links with that provider.

(5) An authorisation granted by the Authority shall enable the

service provider to have access to the service activity or the

exercise thereof throughout Malta including by means of the setting

up of agencies, subsidiaries, branches or offices, except where the

authorisation for each individual establishment or a limitation of

authorisation to a certain part of the territory is justified by an

overriding reason relating to public interest

Provided that the service provider shall be required to

inform the Authority of the creation of subsidiaries, branches,

offices or agencies whose activities fall within the scope of the

authorisation scheme.

(6) In the fulfilment of its authorisation function in terms of

this article, the Authority shall

(a) acknowledge all applications requesting authorisation;

(b) in case of an incomplete application, inform the

applicant as quickly as possible of the need to supply

any additional information, together with the

MALTA RESOURCES AUTHORITY

consequences which ensue should the applicant delay

in providing the said information or requirements;

(c) process an application for an authorisation as quickly

as possible and in any event within a time period

which shall be fixed and made public in advance

failing which it shall be deemed that the authorisation

has been granted. The period will start to run from the

day when all due information has been submitted and

any other requirements and formalities have been

completed in order for the Authority to process the

application

Provided that the time period may be extended once

for a limited time when justified by the complexity of

the issue. The extension and its duration shall be duly

justified and given to the applicant before the original

period has expired

Provided further that the Authority may make different

arrangements where objectively justified by overriding

reasons relating to the public interest including a

legitimate interest of third parties;

(d) provide information regarding the means of redress

available in case of non-acceptance of an application;

(e) grant an authorisation as soon as the applicant fulfils

all requirements, without prejudice to the right of the

Authority to revoke or modify an authorisation when

the conditions for authorisation are no longer met by

the service provider;

(f)

in the case of rejected applications due to failure to

comply with the required procedures or formalities,

inform the applicant of the rejection as soon as

possible;

(g) except in the case of the granting of an authorisation, a

decision from the Authority, including refusal or

withdrawal, shall be fully reasoned and shall be open

to challenge before the Administrative Review

Tribunal.

(7) With the exclusion of service activities and matters which

are declared to be services of a general economic interest, which

inter alia may include -

(a) in the electricity sector, services covered by Directive

2003/54/ EC of the European Parliament and of the

Council of 26 June 2003 concerning common rules for

the internal market in electricity;

(b) in the gas sector, services covered by Directive 2003/

55/EC of the European Parliament and of the Council

of 26 June 2003 concerning common rules for the

internal market in natural gas;

(c) water distribution and supply services and waste water

services,

the Authority shall respect the right of service providers that are

lawfully established and providing services in another Member

State to provide services in Malta, and may not prevent them from

providing such service activities by imposing requirements which

are discriminatory, unnecessary or disproportionate

Provided that the Authority may impose requirements with

regard to the provision of a particular service activity, where these

are justified for reasons relating to public policy, public security,

public health or the protection of the environment

Provided also that in establishing whether a service

provider is exercising his freedom to provide services within the

meaning of this article and Article 49 of the Treaty, or is an

establishment case, or whether a service provider is abusively

taking advantage of the freedom to provide services, the Authority

shall assess and decide each case on its individual merits and in

c o n f o r m i t y w it h C o m m u n i t y l e g i s l a ti o n a nd r u l i n g s o f t h e

European Court of Justice.

(8) Without prejudice to sub-article (7), in exceptional cases

only, the Authority may, in respect of a service provider established

in another Member State, take measures in order to ensure the

safety of services provided in Malta. When taking such measures,

the Authority shall follow the procedure established under the

Fourth Schedule to the Services (Internal Market) Act, and ensure

the fulfilment of the following conditions

(a) the national provisions, in accordance with which the

measures are taken, have not been subject to

Community harmonisation in the field of the safety of

services;

(b) the measures taken provide for a higher level of

protection of the recipient than would be the case in a

measure taken by the Member State of establishment

in accordance with its national provisions;

(c) the Member State of establishment has not taken any

measures or has taken measures which are insufficient

as compared with those requested by the Authority and

as referred to in paragraphs 2 and 3 to the Fourth

Schedule to the Services (Internal Market) Act;

(d) the measures are proportionate

Provided that the Authority, upon gaining actual knowledge

of any conduct or specific acts by a service provider established in

Malta and which provides services in other Member States, which,

to its knowledge, could cause serious damage to the health or safety

of persons or to the environment, shall inform all other Member

States and the European Commission within the shortest possible

period of time through the Internal Market Information System.

(9)

(a) The Authority shall require service providers

established in Malta and falling under its area of

competence to keep it updated at all times with the

information it identifies as necessary and objectively

justified for it to fulfil its supervisory function of

services in terms of this Act and the Services (Internal

MALTA RESOURCES AUTHORITY

Market) Act.

(b) The Authority shall exercise its supervisory functions

on service providers established in Malta, and falling

under its area of competence, whether the service is

provided in Malta or in another Member State.

(c) In executing its supervisory functions, when a service

is being provided in another Member State by a

service provider established in Malta, the Authority

shall assist the relevant competent authority of that

other Member State in terms of the procedure

established in the Second Schedule of the Services

(Internal Market) Act. In doing so, the Authority shall

not refrain from taking supervisory enforcement

measures in Malta on the grounds that a service has

been provided or caused damage in another Member

State

Provided that the Authority shall not be bound to carry

out checks and controls in the Member State where the

service is being provided.

(d) When a service is being provided in Malta, in the

event of a temporary movement by a service provider

established in another Member State

(i)

the Authority shall participate in the supervision

of the service provider in accordance with the

procedure set up in the Second Schedule to the

Services (Internal Market) Act;

(ii) when the Authority has imposed requirements in

terms of the first proviso to sub-article (7), it

shall assume responsibility for the supervision

of that service provider in Malta in order to

ensure compliance with those requirements.

(e) The Authority shall exchange requests and information

with the relevant competent authorities of another

Member State through the Internal Market Information

System.

(f)

Without prejudice to the limitations imposed by any

other law, the Authority shall supply information to

the relevant competent authority of another Member

State on disciplinary or administrative actions, or

criminal sanctions and decisions concerning

insolvency or bankruptcy involving fraud, which

directly concern a provider, and which are directly

relevant to the provider’s competence or professional

reliability, in terms of the procedure contemplated

under the Third Schedule of the Services (Internal

Market) Act.

The provisions of article 466 of the Code of Organization

and Civil Procedure shall apply to the Authority in the same

manner as they apply to Government Departments.

MALTA RESOURCES AUTHORITY