MT
REGULATOR FOR ENERGY AND WATER SERVICES ACT
Table of Provisions (56)
Statutory Text (56 Articles)
CHAPTER 545
REGULATOR FOR ENERGY AND
WATER SERVICES ACT
To provide for the establishment of a Regulator to be known as the
Regulator for Energy and Water Services and for the exercise by or on
behalf of that Regulator of regulatory functions regarding services relating
to energy and water, and to make provision with respect to matters
ancillary thereto or connected therewith.
31st July, 2015;
1st June, 2016 *
ACT XXV of 2015 as amended by Act XLIX of 2021 and Legal Notices
503, 504 and 505 of 2021 and Acts XXXV of 2023 and XVII of 2024 and
Legal Notices 93 and 95 of 2026.
PART I
PRELIMINARY
(1) The short title of this Act is the Regulator for Energy
and Water Services Act.
(2) The purpose of this Act is to establish a Regulator to be
known as the Regulator for Energy and Water Services which shall
exercise functions relating to energy and water resources.
(3) This Act shall not apply to matters relating to mineral
resources and to the legislation listed in the Second Schedule.
(Article 41)
Electricity Supply Regulations (S.L. 545.01)
Control of Water Pumps and Wells Order (S.L. 545.02)
Water Supply Regulations (S.L. 545.03)
Water Economy Regulations (S.L. 545.04)
Water Services (Establishment of Penalties) Regulations (S.L.545.05)
Registration of Drilling Rigs Regulations (S.L.545.06)
Control of Swimming Pools Regulations (S.L. 545.07)
Sewer Discharge Control Regulations (S.L. 545.08)
Maintenance of Minimum Stocks of Crude Oil and, or Petroleum Products
Regulations (S.L. 545.09)
Electricity Transit (Grid Requirements) Regulations (S.L. 545.10)
Natural Gas Market Regulations (S.L. 545.12)
Electricity Market Regulations (S.L. 545.13)
Water Supply and Sewerage Services Regulations (S.L. 545.14)
Biofuels and Bioliquids Market Regulations (S.L. 545.15)
Energy Efficiency and Cogeneration Regulations (S.L. 545.16)
Petroleum for the Inland Wholesale Fuel Market, Bottling of LPG and Primary
Storage Facilities Regulations (S.L. 545.17)
Quality of Fuels Regulations (S.L. 545.18)
Authorisations (Suspension, Refusal and Revocation) Regulations (S.L.545.19)
Liquefied Petroleum Gas Market Regulations (S.L. 545.20)
Energy End-use Efficiency and Energy Services Regulations (S.L. 545.21)
Petroleum for the Inland (Retail) Fuel Market Regulations (S.L. 545.22)
Electrical Installations Regulations (S.L. 545.24)
Bunkering (Authorisation) Regulations (S.L. 545.25)
Autogas (Installation and Certification) Regulations (S.L. 545.26)
Feed-in Tariffs Scheme (Electricity Generated from Solar Photovoltaic
Installations) Regulations (S.L. 545.27)
Guarantees of Origin of Electricity from High Efficiency Cogeneration and of Energy
from Renewable Energy Sources Regulations (S.L.545.36)
Promotion of Energy from Renewable Sources Regulations (S.L. 545.43)
Biofuels, Bioliquids and Biomass Fuels (Sustainability Criteria) Regulations (S.L.
545.45)
REGULATOR FOR ENERGY AND WATER SERVICES
In this Act, unless the context otherwise requires -
"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 energy and water and, in
relation to services and service providers of such services, means a
permit, licence, warrant, appointment, concession or decision
concerning access to a service activity or any other activity the
exercise of which relates to energy and water resources;
"autho risation scheme" means any authorisati on 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;
"authorised provider" means any pe r s o n who h a s a valid
authorisation to operate, provide or carry out any activity or
operation or to provide any service relating to energy and water;
"Board" means the Board of the Regulator appointed under
article 3(2);
"Chairman" means Chairman of the Regulator for Energy and
Water Services and includes, in the circumstances mentioned in
article 3(3), the Deputy Chairman or other person appointed to act
as Chairman;
*
see article 1(4) of this Act as originally enacted and Legal Notice 208 of 2016.
"Chief Executive Officer" means the Chief Executive Officer
appointed under article 6(7);
"contractor" means a person acting in pursuance of an agreement
entered into with the Regulator for Energy and Water Services or in
accordance with article 6(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
Regulator for Energy and Water Services and the word "decision"
shall be construed accordingly;
"directive" means a directive issued by the Regulator for Energy
and Water Services in accordance with the procedures as may be
prescribed by regulations made under this Act;
" Direc torates" means such direc torates a s are or m a y be
established under article 6;
"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;
"distribution system operator" means a person responsible for
o p e r a t i n g , e n s u r i n g t h e m a i n t e n a n c e o f a n d , i f n e c e s s a r y,
developing the distribution system in a given area and, where
applicable, its interconnections with other systems and for ensuring
the long-term ability of the system to meet reasonable demands for
the distribution of electricity;
"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 Regulator for
Energy and Water Services;
"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 first financial year of the Regulator for
Energy and Water Services shall begin on the coming into force of
this Act and shall end on the 31st December of the next following
year;
"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;
"Member State” means a Member State of the European Union;
"Member State of establishment" means the Member State in
whose territory the provider of the service concerned is established;
"Member State where the service is provided" means the Member
State where the service is supplied by a provider established in
another Member State;
"Minister" means the Minister responsible for energy and water
services;
"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 Articles 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 liquid or
gaseous including crude oil, natural gas, asphalt, ozokerite and
cognate substances and natural gasoline;
"public officer" in relation to article 18, has the same meaning
assigned to it by article 124 of the Constitution but does not include
a judge or a magistrate;
"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;
"Regulator" means the Regulator for Energy and Water Services
established by article 3;
"resources" means the resources relating to energy and water
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
g e n e r a l e c ono m i c i nt e r e s t i n te rms o f a r t i c l e 3 0( 3 ) o f t h e
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 but
does not include supply;
"TSO" means a natural or legal person responsible for operating,
ensuring the maintenance of and, if necessary, developing the
transmission system in a given area and, where applicable, its
interconnections with other systems, and for ensuring the long-term
ability of the system to meet reasonable demands for the
transmission of electricity;
"Treaty" means the Treaty establishing the European Community;
" Tr i b u n a l " m e a n s t h e A d m i n i s t r a t i v e R e v i e w Tr i b u n a l
established by article 5 of the Administrative Justice Act;
"undertaking" means any person whether an individual, a body
corporate or unincorporate or any other entity, pursuing an
economic activity, and includes a group of undertakings;
"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.
The provisions of this Act and of any subsidiary legislation
made thereunder shall also apply, in accordance with the provisions of
the 1982 United Nations Convention on the Law of the Sea as ratified
by the Law of the Sea (Ratification) Act, to an exclusive economic
zone area or an environment protection area as defined in the
Exclusive Economic Zone Act. Any artificial island, installation,
structure, equipment or device therein shall, solely for the purposes of
this Act and any subsidiary legislation made thereunder, be treated as
if they were situated in Malta itself.
PART II
ESTABLISHMENT, FUNCTIONS AND CONDUCT
OF AFFAIRS OF REGULATOR
(Articles 1, 41, 43, 44)
Notification of Groundwater Sources Regulations (S.L. 423.12)
Borehole Drilling and Excavation Works within the Saturated Zone Regulations
(S.L. 423.32)
Groundwater Abstraction (Metering) Regulations (S.L. 423.40)
Assessment and Management of Flood Risks Regulations (S.L. 423.41)
Users of Groundwater Sources (Application) Regulations (S.L. 423.45)
Lifecycle Greenhouse Gas Emissions from Fuels Regulations (S.L. 423.48)
European Union Greenhouse Gas Emissions Trading System for Stationary
Installations Regulations (S.L. 423.50)
European Union Greenhouse Gas Emissions Trading System for Aviation
Regulations (S.L. 423.51)
(1)
There shall be a legally distinct body as established
by this Act, to be known as the Regulator for Energy and Water
Services, hereinafter referred to as the "Regulator" which shall consist
of a Chairman and not less than four (4) and not more than six (6)
other members.
(2)
The Regulator shall be functionally independent from other
public or private entities. The staff and the persons responsible for the
management of the Regulator shall act independently from any market
interest and shall not seek or take direct instructions from Government
or other public or private entities when carrying out its regulatory
tasks. This requirem ent shall be without prejudice to close
cooperation, as appropriate, with other relevant national authorities or
to general policy guidelines issued by the Government not related to
its regulatory powers and duties.
(3)
The Regulator shall take
autonomous
decisions,
independently from any political body.
(4)
The Regulator shall have all the necessary human and
financial resources it needs to carry out its duties and exercise its
powers in an effective and efficient manner.
(5)
The Regulator shall have a separate annual budget and
autonomy in the implementation of the budget.
(6)
The members of the Board of the Regulator shall be
appointed based on objective, transparent and published criteria, in an
independent and impartial procedure, which ensures that the
candidates have the necessary skills and experience.
(7)
The members of the Board of the Regulator shall be
appointed by the Minister for a term of five (5) years or for such longer
period as may be specified in the instrument of appointment subject to
a maximum term of seven (7) years but the members so appointed may
be re-appointed, once only, on the expiration of their term of office for
a term of five (5) years or for such longer period as may be specified in
the instrument of appointment subject to a maximum term of seven (7)
years.
An appropriate rotation scheme for the appointment of the
members of the Board of the Regulator shall be put in place, in terms
of which the end date of the term of office of the Board members is not
the same for all members.
(8)
The Minister may designate one (1) of the other members of
the Board of the Regulator 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
during any vacancy in the office of Chairman; and the Minister may
also, in any of the above circumstances, appoint another person to act as
Chairman and in such a case the foregoing provisions shall apply in
respect of that person.
(9)
A person shall not be qualified to hold office as a member of
the Board of the Regulator if he
(a) is a Minister, Parliamentary Secretary or a member of
the House; or
(b) is a judge or magistrate; 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 Board of the Regulator.
(10) Subject to the provisions of this article, the office of a
member of the Board of the Regulator 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 Board of the Regulator, would cause
him to be disqualified for appointment as such.
(11)
A member of the Board of the Regulator may only be
removed from office by the Minister if such member is unfit to
continue in office for any one or more of the following reasons
(a) if the member is found unable to act independently
from any market interests;
(b) if the member is found taking instructions or directions
from any other public or private entity or person in the
exercise of the regulatory functions assigned to the
Regulator;
(c) where such member has been found guilty of
misconduct under any law.
(12) If a member resigns or if the office of a member of the
Board of the Regulator is otherwise vacant or if a member is for any
reason unable to perform the functions of his office, the Minister shall
take all appropriate measures to fill the vacancy so created, subject to
the provisions of sub-articles (9), (10) and (11).
(13)
Any member of the Board of the Regulator who has any
direct or indirect interest in any contract or business made or proposed
to be made by the Regulator, 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 Board of the Regulator after the
relevant facts have come to his knowledge; such disclosure shall then
be recorded in the minutes of the meeting of the Board of the
Regulator, and the member having an interest as aforesaid shall
withdraw from any meeting at which such contract is discussed. Where
the interest of the member is such as to disqualify him from remaining a
member, he shall immediately report the fact to the Board of the
Regulator and submit his resignation. Any disclosure under this sub-
article shall be notified by the Regulator to the Minister without delay.
(14) Any member of the Board of the Regulator shall avoid any
conflict of interest when acting as a member of the Board. A member
of the Board shall preserve confidentiality on information obtained
and matters pertaining to the Regulator during and beyond the end of
the mandate.
Where the interest of the member is such as to disqualify him from
remaining a member, he shall report the fact immediately to the Board
of the Regulator and tender his resignation. Any disclosure under this
sub-article shall be communicated by the Regulator to the Minister
without delay.
The Regulator shall be responsible for the regulation of
energy and water services and resources to ensure
(a) greater focus on and increased consumer protection;
and
(b) the independence of the Regulator as required by
various EU directives including EU Directive 2019/
944/EC concerning common rules for the internal
market in electricity and EU Directive 2009/73/EC
concerning common rules for the internal market in
natural gas and the Energy Charter Treaty.
The Regulator is hereby designated as the single
regulatory authority at national level for the purposes of
Directive 2019/944/EC and Directive 2009/73/EC.
(1) The Regulator shall have, and shall independently,
transparently and impartially implement and adm inister, the
following functions
(a) to regulate, monitor and keep under review all
practices, operations and activities relating to energy
and water services and resources;
(b) to grant any licence, permit or other authorisation, for
the carrying out of any operation or activity relating to
energy and water services and 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 promote fair competition in all such practices,
operations and activities and to monitor the occurrence
of restrictive contractual practices, and where
appropriate in collaboration with the authority
responsible for competition;
(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 services regulated by or under this
Act;
(g) 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;
REGULATOR FOR ENERGY AND WATER SERVICES
(h) 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;
(i)
to ensure that international obligations entered into by
the Government relative to the matters regulated by or
under this Act are complied with, in particular, the
implementation of the regulatory functions envisaged in
the Electricity and Gas market directive and the Energy
Charter Treaty;
(j)
to submit its opinion to Government on the
formulation of policy in relation to matters regulated
by this Act, and in particular in relation to such
international obligations;
(k) to 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;
(l)
to determine disputes in relation to matters regulated
by or under this Act;
(m) to undertake effective stakeholder and regulated entity
involvement and consultation when preparing its
positions and actions;
(n) to carry out investigations into the functioning of the
electricity market, and to decide upon and impose any
necessary and proportionate measures to promote
effective competition and ensure the proper functioning
of the market. Where appropriate, the Regulator shall
also have the power to cooperate with the national
competition authority and the financial market regulators
or the Commission in conducting an investigation
relating to competition law.
(2) The Regulator shall also independently, transparently and
impartially
(a) in relation to energy -
(i)
regulate the harnessing, generation, distribution,
transmission, supply and use of all forms of
energy; and
(ii) impose levies on energy produced by non-
renewable sources and grant subsidies in
connection with the production of energy from
renewable sources and energy efficiency;
(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;
(c) in relation to petroleum -
(i)
secure that adequate provision and reserve
stocks of petroleum and gas is available at all
times;
(ii) regulate the distribution, sale, exportation or
disposal in any other manner of fuels supplied
for bunkering; for the purposes of this sub-
paragraph "bunkering" and "fuel" shall have the
same meaning assigned to them by article 2 of
the Bunkering (Fuels) Tax Act;
(iii) manage national emergency stocks and specific
stocks for which purpose the Regulator is hereby
designated the Central Stock Holding Entity for
security stock in accordance with Council
Directive 2009/119/EC of 14 September 2009
imposing an obligation on Member States to
maintain minimum stocks of crude oil and/or
petroleum products
Provided that matters falling under sub-articles (1) and (2)
which shall have been pending before the Malta Resources
Authority in terms of the Malta Resources Authority Act from
before the coming into force of this Act shall forthwith be
transferred onto the Regulator without the need of any formalities
other than the coming into force of this Act.
(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, competition and the
environment or any other matter falling within the functions of any
such authority.
(4) The Regulator may require any person or authorised
provider to provide it with any information, including financial
information, that the Regulator 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, or any other law or regulations prescribed
thereunder which the Regulator is entitled to enforce. Any person
or authorised provider 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 penalty as may be prescribed
by the Regulator.
(1) Subject to the other provisions of this Act the affairs
and business of the Regulator shall be the responsibility of the
Regulator itself but save as aforesaid, the executive conduct of the
R e g u l a t o r, i t s a d m i n i s t r a t i o n a n d o rg 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 Officer of the Regulator, who
shall also have such other powers as may from time to time be
delegated to him by the Regulator and who shall be wholly
accountable to the Regulator.
(2) The Regulator shall establish Directorates, Units, Divisions
and Sections, as appropriate, which shall be vested with such
responsibilities as the Regulator may decide and which it may vary
from time to time, as it deems appropriate.
(3) The Regulator 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 Officer, such of its
functions as relate or are ancillary to the matters for which it is
responsible so as to enable the said Directorates, Units, Divisions
and Sections to give effect to the policies of the Regulator and to
otherwise discharge effectively and efficiently the functions of the
Regulator 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 Regulator or an employee
of the Regulator or a person detailed to work for the Regulator in
accordance with an agreement made between the Regulator and a
public or private undertaking, in either case having adequate
experience or knowledge in the respective area of operation.
(5) The Regulator 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 sub-article shall authorise the
Regulator 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 Regulator, or any notice is to be or may be given
to the Regulator, 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 Regulator includes a reference to the appropriate
Directorate, Unit, Division and Section.
(7) The Chief Executive Officer and the heads of the
Directorates, Units, Divisions and Sections shall be appointed by
the Regulator for a period to be determined by the Regulator which
shall in no case be less than three years
Provided that the Chief Executive Officer shall be
appointed by the Minister.
(8) The Chief Executive Officer shall attend all the meetings of
the Regulator but shall not vote at such meetings
Provided that the Regulator may if it so deems fit require
the Chief Executive Officer not to attend any of the meetings or any
part of a meeting.
(9) The Chief Executive Officer shall be responsible for the
implementation of the objectives of the Regulator 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 Regulator;
(e) advise the Regulator on any matter it may refer to him
or on any matter which he considers necessary or
expedient; and
(f)
perform such other duties as the Regulator 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 communicate to
the Regulator directions in writing of a general character, not
related to the regulatory powers of the Regulator and not
inconsistent with the provisions of this Act, and the Regulator
shall, as soon as may be, give effect to all such directions in such a
manner as to respect, in particular, the provisions of article 5 such
that the independent regulatory powers of the Regulator are in no
way prejudiced.
(2) The Regulator shall afford to the Minister facilities for
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) All communications between the Minister and the
Regulator shall be conducted in such a manner as to ensure that at
no time shall the independence of the Regulator in the exercise of
its functions be, or be perceived to be, in any way prejudiced.
(1) The Regulator 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
and entering i nto all suc h transac tions 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 Regulator shall jointly vest
in the Chairman and the Chief Executive Officer
Provided that the Regulator may appoint any one or more of
its members or of the officers or employees of the Regulator to
appear in the name and on behalf of the Regulator 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 Regulator shall also vest in the head of the
Directorate or in such other member, officer or employee of the
Regulator, as the Regulator may appoint or authorise for the
purpose.
(3) Any document purporting to be an instrument made or
issued by the Regulator and signed by the Chairman or by the Chief
Executive Officer or by a head of a Directorate in relation to any
matter vested in the relative Directorate by the Regulator shall be
received in evidence and shall, until the contrary is proved, be
deemed to be an instrument made or issued by the Regulator.
(1) The meetings of the Regulator 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 Regulator 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
Regulator.
(3) Subject to the provisions of this Act the Regulator may
regulate its own procedure.
(4) Subject to the foregoing provisions of this article, no act or
proceeding of the Regulator 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 Regulator, 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
Regulator shall be questioned on the ground of the contravention,
by a member, of the provisions of article 3(8).
PART III
POWERS OF THE REGULATOR
(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 and water services and resources
unless such person is in possession of a licence, permit or other
authorisation of the Regulator under this 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
(multa) not exceeding one hundred and fifteen thousand euro
(€115,000) 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 Regulator under sub-article (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 that this
construction shall not preclude the Regulator 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
Provided that matters falling under this article which shall
have been pending before the Malta Resources Authority in terms
of the Malta Resources Authority Act from before the coming into
force of this Act shall forthwith be transferred onto the Regulator
without the need of any formalities other than the coming into force
of this Act.
(1) Any officer or employee of the Regulator 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 Regulator may require.
(2) Any person who obstructs or impedes any officer or
employee of the Regulator 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 seventy thousand euro (€70,000) or to both such
fine and imprisonment.
(1) The Regulator may impose an administrative penalty
u p o n a n y p e r s o n w h o i n f r i n g e s a n y pro vis i o n o f t h i s A c t ,
regulations prescribed thereunder or of any other law which the
Regulator is entitled to enforce, or who fails to comply with any
directive or decision given by the Regulator whether under this
Act, regulations prescribed thereunder or under any other law
which the Regulator is entitled to enforce, or who fails to comply
with a legally-binding decision of the Agency for the Cooperation
of Energy Regulators, or infringements of Regulation (EU) 2019/
943, the network codes adopted pursuant to Article 59 of that
Regulation, the guidelines adopted pursuant to Article 61 of that
Regulation and on electricity undertakings not complying with their
obligations under Regulation (EU) 2019/943 or who fails to comply
with any condition of any authorisation granted under this Act.
(2) An administrative penalty imposed under sub-article (1)
shall not exceed
(a) 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 Regulator; and, or
(b) in the case of an undertaking (including a vertically
integrated undertaking) or a body corporate, up to ten
per centum of the total turnover concerned in the
preceding business year
Provided that in the case of an undertaking, including
a vertically integrated undertaking or a body
corporate, a fine of up to ten per centum of the annual
turnover concerned in the preceding business year,
which amount exceeds one hundred thousand euro
(€100,000) may, in any such case be imposed.
(1) The Regulator, before recovering 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 Regulator is entitled to enforce;
(d) any directive or decision given by the Regulator
whether under this Act, regulations made thereunder
or under any other law which the Regulator 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 being
imposed by the Regulator;
(ii) give notice of the specific reason why such
penalty is being 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
where such acts or omissions are capable of remedy
and, or make submissions to the Regulator
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 is 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 Regulator and to propose
any remedies that rectify the acts or omissions required by the
Regulator to be so rectified where such acts or omissions are
capable of remedy.
(2) In the judicial letter mentioned in sub-article (1), the
R e g u l a t o r m a y impos e s u c h c ondi ti on s a s i t m a y c on s i d e r
reasonable in the circumstances.
(3) If the person concerned remedies the infringement within
the period established by the Regulator in accordance with sub-
article (1), and agrees in writing to abide with any conditions that
the Regulator ma y imp os e , the Regulator shall desist fro m
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 Regulator in accordance with
sub-article (1) or fails to abide with any conditions agreed to in
writing, the Regulator shall impose against such person an
a d m i n i st r a t i v e p e na l ty f o r s u c h fai l u r e , i n a d d i t i o n t o t h e
administrative penalty which is imposed for the infringement itself.
(4) If, after the lapse of the period mentioned in sub-article (1),
the Regulator considers that the person concerned has not given
any valid reasons to demonstrate why no administrative penalty
should be imposed against such person, the Regulator shall proceed
to recover such administrative penalty.
(5) Notwithstanding any other provision of this article, where
the Regulator 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 Regulator 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 sub-article (1) shall, 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, 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 Regulator shall desist from issuing a
judicial act as referred to in this sub-article 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 sub-
article expeditiously. Before determining any such request the
Adm inistrative Review Trib unal shall give the Regulator a
reasonable opportunity to reply and make its submissions, within a
period of 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 Regulator 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 Regulator is due, such administrative penalty
shall be due together with any interests accrued thereon as from the
date originally set by the Regulator for payment including the
period during which the payment of the said penalty was suspended.
(8) The Regulator 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 Regulator 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 Regulator 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 Regulator upon
any person shall be considered a civil debt due to the Regulator.
(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)
Provided that matters falling under this article which shall
have been pending before the Malta Resources Authority in terms
of the Malta Resources Authority Act from before the coming into
force of this Act shall forthwith be transferred onto the Regulator
without the need of any formalities other than the coming into force
of this Act.
Where an administrative infringement breaches -
(a) any provision of this Act;
(b) regulations made thereunder;
(c) any other law which the Regulator is entitled to
enforce;
or any person -
(i)
fails to comply with any directive or decision
given by the Regulator whether under this Act,
regulations made thereunder or under any other
law which the Regulator 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 an undertaking or
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 undertaking 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 Regulator as
a consequence thereof.
The provisions of article 466 of the Code of Organization
and Civil Procedure shall apply to the Regulator in the same
manner as they apply to Government Departments
Provided that matters falling under this article which shall
have been pending before the Malta Resources Authority in terms
of the Malta Resources Authority Act from before the coming into
force of this Act shall forthwith be transferred onto the Regulator
without the need of any formalities other than the coming into force
of this Act.
PART IV
OFFICERS AND EMPLOYEES OF THE REGULATOR
Without prejudice to the other provisions of this Act, the
appointment of officers and other employees of the Regulator shall
be made by the Regulator. The terms and conditions of employment
shall be established by the Regulator.
The Regulator shall appoint and employ, at such
remuneration and upon such time, terms and conditions as it may,
in accordance with article 16, determine, such officers and
employees as may from time to time be necessary for the due and
efficient discharge of the functions of the Regulator.
(1) The Principal Permanent Secretary, following the
direction of the Prime Minister, may from time to time, at the
request of the Regulator, direct that any public officer shall be
detailed for duty with the Regulator in such capacity and under
such conditions and with effect from such date as he may prescribe.
(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 period is specified in such direction, end
on the happening of any of the following events
(a) the acceptance by such officer of an offer of transfer to
the service of, and permanent employment with, the
Regulator made in accordance with the provisions of
article 20; or
(b) the revocation of such direction by the Principal
Permanent Secretary following the direction of the
Prime Minister.
(3) Where a direction as aforesaid is revoked by the Principal
Permanent Secretary in relation to any officer, the Principal
Permanent Secretary may, by further direction and following the
direction of the Prime Minister, detail such officer for duty with the
Regulator in such capacity and with effect from such date as may
be specified in the direction of the Principal Permanent Secretary,
and the provisions of sub-article (2) shall thereupon apply to the
period of duration of such detailing by any such further direction in
relation to such officer.
(1) Where any officer is detailed for duty with the
Regulator under any of the provisions of article 18, 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
Regulator 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 Government appointment 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 Government
appointment 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
Regulator
Provided that such terms and conditions shall not be
deemed to be less favourable because they are not in
all respects identical or superior to those enjoyed by
the officer concerned at the date of such detailing, if in
the opinion of the Prime Minister, such terms and
conditions, taken as a whole, offer substantially
equivalent or greater benefits; and
(b) shall be entitled to have his service with the Regulator
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 for the purpose of any other right or
privilege to which he would be entitled, and shall be
liable to any liability to which he would be liable, but
for the fact of his being detailed for duty with the
Regulator
Provided that in assessing the pensionable emoluments
of such officer for the purposes of any law relating to
government service pensions, no account shall be
taken of any allowances, bonuses or gratuities paid to
such officer by the Regulator in excess of what he is
entitled to as a public officer.
(3) Where an application is made as provided in sub-
article (2)(a)(i) the same consideration shall be given
thereto as if the applicant had not been detailed for
service with the Regulator.
(4) The Regulator 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
Regulator as aforesaid during the period in which he is so detailed.
(1) The Regulator may, with the approval of the Prime
Minister, offer to any officer detailed for duty with the Regulator
under any of the provisions of article 18 permanent employment
with the Regulator 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
Regulator offered to him, under the provisions of sub-article (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 sub-article (6), be deemed to have ceased to be in
service with the Government and to have entered into service with
the Regulator 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 Regulator 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 Regulator 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 Regulator were service with the Government.
(5) The Regulator 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 permanent
employment with the Regulator 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
G ove rn men t servi ce i n a grade a n d a t an incremental l e vel
corresponding to the post and incremental level at which the officer
retires from the Regulator.
(7)
(a) For the purposes of this article, posts and salary grades
with the Regulator shall be classified in the most nearly
corresponding grades and incremental levels in the
service under the Government 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 Minister
responsible in general for personnel policies in the
public service and one appointed by the Regulator. 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
Regulator.
(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.
PART V
FINANCIAL PROVISIONS
(1) Without prejudice to the following provisions of this
article, the Regulator 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 Regulator shall levy all fees, rates and
other payments prescribed and however so described or deemed to
be prescribed by or under this Act or any other law related to the
powers and functions of the Regulator.
(3) The Regulator 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 Regulator, being
works of infrastructure or a similar capital nature.
(4) Any excess of revenue over expenditure shall, be applied by
the Regulator to the formation of reserve funds to be used for the
purposes of the Regulator; and without prejudice to the generality
of the powers given to the Minister by this sub-article, 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 sub-article (2) or any such
excess as aforesaid.
(5) Any funds of the Regulator not immediately required to
meet expenditure may be invested in such manner as may be
decided by the Regulator.
(1) For the purpose of carrying out any of its functions
under this Act, the Regulator may, in connection with the exercise
of its functions, borrow or raise money.
(2) The Regulator 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
twenty thousand euro (€120,000), 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 Regulator of
such sums as he may agree to be required by the Regulator for
carrying out any of its functions under this Act, and may make such
advances on such terms and conditions as he may, after consultation
as aforesaid, deem appropriate. Any such advance may be made by
the Minister responsible for finance out 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 Regulator 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 (8) 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 sub-
article (1), or for the purpose of providing the Regulator 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 Regulator 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 Regulator, and any other moneys to be advanced to
the Regulator under this article, shall be paid into a fund specially
established for the purpose and which shall be known as the
"Regulator for Energy and Water Services Loan Fund".
(5) Sums received by the Accountant General from the
Regulator, in respect of advances made to the Regulator under sub-
article (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 Regulator shall cause to be prepared in every
financial year, and shall not later than six (6) weeks after the end of
each such year adopt, estimates of the income and expenditure of
the Regulator for the next following financial year.
(2) In the preparation of such estimates the Regulator 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 Regulator shall so prepare the said estimates as
to ensure that the total revenues of the Regulator 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
Regulator, be sent forthwith by the Regulator to the Minister and to
the Minister responsible for finance.
(5) The Minister shall, at the earliest opportunity and not later
than six (6) weeks after he has received a copy of the estimates
from the Regulator, 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
Regulator unless provision therefor has been made in the estimates
approved as provided in article 25.
(2)
Notwithstanding the provisions of sub-article (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 Regulator 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 be made or incurred in respect of
another head or sub-head of the estimates;
(c) in respect of the first financial year, the Regulator may
make or incur expenditure not exceeding in the
aggregate such amounts;
(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 Regulator 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 (8) weeks after he has received a copy of the estimates
and supplementary estimates of the Regulator, 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 such estimates to be laid on the Table of the House of
Representatives.
(1) The Regulator 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 Regulator shall be audited by an auditor
or auditors to be appointed by the Regulator
Provided that the Minister responsible for finance may,
after consultation with the Minister, require the books and accounts
of the Regulator 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 Regulator are forwarded to the
Minister under article 25, the Regulator 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 Regulator.
(4) The Minister shall, at the earliest opportunity and not later
than eight (8) 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 (8) 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 Regulator shall be paid into
a bank or banks appointed as bankers of the Regulator by a
r e s o l u t i o n o f t h e R e g u l a t o r. S u c h m o n i e s s h a l l , a s f a r a s
practicable, be paid into any such banks from day to day, except
such sum as the Regulator may authorise to be retained to meet
petty disbursements and immediate cash payments.
(2) All payments out of the funds of the Regulator, other than
petty disbursements not exceeding a sum fixed by the Regulator,
shall be made by such officer or officers of the Regulator as the
Regulator shall appoint or designate for that purpose.
(3) Cheques against and withdrawals from any bank account of
the Regulator shall be signed by such officer of the Regulator as
may be appointed or designated by the Regulator for that purpose
and shall be countersigned by the Chairman, or such other member
or officer of the Regulator as may be authorised by the Regulator
for that purpose.
(4)
The Regulator 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 Regulator 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 Regulator;
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 Regulator.
The Regulator shall, not later than six (6) 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 Regulator during that financial year and
containing such information relating to the proceedings and policy
of the Regulator as may be required from time to time. The Minister
shall at the earliest opportunity and not later than eight (8) weeks after
he has received a copy of the said report, or if at any time during that
period the House of Representatives is not in session, within eight (8)
weeks from the beginning of the next following session, cause such
report to be laid on the Table of the House of Representatives.
PART VI
MISCELLANEOUS
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 Regulator.
(1) An appeal shall lie to the Administrative Review
Tribunal on any decision of the Regulator 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 or annul 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 13 -
(a) an appeal from a decision or directive of the Regulator
shall be made by application and shall be filed with the
secretary of the Administrative Review Tribunal
within twenty (20) 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
Regulator, which shall not later than twenty (20) 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 34, 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 Regulator 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 (20) days from the date
on which that decision has been notified.
(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 sub-article (1) shall be guilty of an
offence against this Act.
(1) In regulating access to service activities falling under
this Act and, or the exercise thereof, the Regulator 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 Regulator 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 Regulator 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 Regulator 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 Regulator shall apply a selection
procedure to potential candidates in order to ensure impartiality,
transp arency, co nditio ns of open competi tion, includin g in
particular, adequate publicity about the launch, conduct and
completion of the procedure. In establishing the rules for the
selection procedure, the Regulator 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 Regulator 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 Regulator 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 Regulator 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
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 Regulator 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 Regulator 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
Regulator 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 Regulator, 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
2009/72/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 2009/
73/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 Regulator 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 Regulator 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 Regulator
shall assess and decide each case on its individual merits and in
c o n f o r m i t y wit h C o m m u n i t y legislati o n and 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 Regulator 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 Regulator 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 Regulator 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 Regulator, 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 Regulator 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
Market) Act.
(b) The Regulator 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 Regulator 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 Regulator 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 Regulator 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 Regulator 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 Regulator 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 Regulator 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 Regulator 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.
(1) The Minister may, after consultation with the
Regulator, make regulations in respect of any of the functions of
the Regulator 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
REGULATOR FOR ENERGY AND WATER SERVICES
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;
(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 and water as
well as the promotion and the harnessing, generation
and use of energy and water resources;
(i)
for promoting fair competition in all practices,
operations and activities related to energy and water;
(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 and water 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 Regulator;
(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 Regulator and other public
authorities including consultations, provision of
information and any other matter of mutual interest;
(v) for the procedures to be followed in regard to the
settlement of disputes;
(w) for the enforcement powers required by the Regulator
to perform its functions under this Act;
(x) for prescribing anything which may be or is required
to be prescribed by this Act.
Without prejudice to any provision of this Act granting the
Minister the power to make regulations, the Minister may, subject
to the provisions of the Exclusive Economic Zone Act, from time to
time, make, amend, substitute or repeal regulations for the purpose
of regulating, prescribing or otherwise providing for any matters
regulated by or under this Act or by or under any subsidiary
legislation made thereunder, in respect of an exclusive economic
zone area or an environment protection area as defined in the
Exclusive Economic Zone Act or any activities therein including,
but not limited, to the applicability or otherwise of this Act and, or
of any subsidiary legislation made thereunder.
Without prejudice to any other provision of this Act the
M i nist e r may, after consultation wit h the Regulator, mak 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 seventy thousand
euro (€70,000); or
(ii) a fine of more than one thousand four hundred
euro (€1,400) for each day during which the
offence persists.
The members of the Regulator and all officers and
employees of the Regulator shall be deemed to be public officers
within the meaning and for the purposes of the Criminal Code.
The members of the Board, officers and employees of the
Regulator in the performance of their functions under this Act or
any other law administered by the Regulator, 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.
(1) Repealed by Act XVII of 2024.
(2)
(Omitted under the Statute Law Revision Act, 1980).
(3) Any licence, permission, authority or order granted or made
under any of the provisions of the subsidiary legislation listed in
the First 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
correspo nding p rovision of thi s A ct , and any such licence,
permission, authority or order as aforesaid shall be treated and dealt
with accordingly.
(4) The legislation listed in the Second Schedule shall remain in
force and have effect as if it were made under the Environment
Protection Act and the Climate Action Act .
(5)
(Omitted under the Statute Law Revision Act, 1980)).
(6)
(Omitted under the Statute Law Revision Act, 1980)).
(7)
(Omitted under the Statute Law Revision Act, 1980)).
(1) With effect from the date of the coming into force of
this Act
(a) all assets and rights of whatever nature of the Malta
Resources Authority (hereafter ‘Authority’) relating to
resources other than mineral resources whether
existing in Malta or outside Malta, including but not
limited to all real or other rights under any contract, all
monies due by any person to the Authority, and all
shares in, stocks, or other interests of or in any other
bodies; and
(b) all obligations and liabilities of the Authority relating
to resources other than mineral resources,
shall by virtue of this Act be deemed to be assets, rights, liabilities
and obligations of the Regulator without the need of any formalities
other than this Act.
(2) With effect from the date of the coming into force of the
Environment Protection (Amendment) Act, 2024, all actions
2024. pending before any court, tribunal, arbitral tribunal, or any other
adjudicating body, instituted by, or against the Authority shall, with
reference to resources other than mineral resources and to the
legislation listed in the Second Schedule, be continued by, or against
the Regulator, without the need of any formalities other than this Act.
Repealed by ActXVII.2024.24.
(Omitted under the Statute Law Revision Act, 1980)).
(Omitted under the Statute Law Revision Act, 1980))
(Omitted under the Statute Law Revision Act, 1980)).
(Omitted under the Statute Law Revision Act, 1980)).
REGULATOR FOR ENERGY AND WATER SERVICES
(Omitted under the Statute Law Revision Act, 1980)).
Effect of the Water
Policy Framework
Regulations.
(Omitted under the Statute Law Revision Act, 1980)).
Amendment of the
Promotion of
Energy from
Renewable
Sources
Regulations.
(Omitted under the Statute Law Revision Act, 1980)).
Amendment of the
Protection of
Groundwater
against Pollution
and Deterioration
Regulations.
(Omitted under the Statute Law Revision Act, 1980)).
Effect of the
Protection of
Groundwater
against Pollution
and Deterioration
Regulations.
REGULATOR FOR ENERGY AND WATER SERVICES
REGULATOR FOR ENERGY AND WATER SERVICES