Right of Way for Utilities and Services (Fees) Regulations, 2005

L.N. 94 of 2005

UTILITIES AND SERVICES

(REGULATION OF CERTAIN WORKS ) ACT

(CAP. 81)

MALTA TRANSPORT AUTHORITY ACT

(CAP. 332)

Right of Way for Utilities and Services (Fees) Regulations, 2005

IN exercise of the powers conferred by article 11 of the Utilities

and Services (Regulation of Certain Works) Act, and by article 32 of

the Malta Transport Authority Act, the Minister for Urban Development

and Roads has, after consultation with the Malta Transport Authority,

made the following regulations>-

(1) The title of these regulations is the Right of Way for

Utilities and Services (Fees) Regulations, 2005.

(2) These regulations shall be deemed to have come into

force on the 1st October, 2004.

In these regulations, unless the context otherwise requires>

“apparatus” means any equipment and other infrastructure

and includes any structure intended for the lodging therein, or the

placing thereon, any apparatus or for gaining access to any

apparatus<

“the Authority” means the Malta Transport Authority

established under the Malta Transport Authority Act<

“locality” shall have the same meaning assigned to it by the

Local Councils Act<

“operator” means a person authorized to provide electronic

communications services under the Electronic Communications

(Regulation) Act and who has in place any apparatus in, on or

over roads in a minimum of fifty different localities within Malta<

“quarter” means any period of three months ending on the

31 March, the 30 th June, the 30 th September or the 31 st December<

st

“relevant year” means any year during which fees are to be

paid to the Authority<

“right of way” means the non-exclusive right to place or retain

any apparatus in, on or over a road and to inspect, maintain, adjust,

repair, alter or renew the said apparatus or remove it and execute

for such purposes any works required for, or incidental to, such

works<

“road” has the meaning assigned to it by the Malta Transport

Authority Act.

(1) Any operator that enjoys a right of way shall pay to the Payment of annual

fee.

Authority, or to any person or body of persons to whom the Authority

may delegate in writing specific functions, an annual fee for such right

equivalent to 0.4% of the operator’s total gross revenues, provided that

the said fee shall not be less than one hundred and twenty thousand

Maltese liri.

(2) For the purposes of determining the fee as aforesaid,

every operator that has a right of way shall submit to the Authority, or

to any person or body of persons to whom the Authority may delegate

in writing specific functions, by no later than the 30th November of the

previous year, a statement of projected revenues for the relevant year.

(3) (a) The fees for rights of way shall be payable to the

Authority, or to any person or body of persons to whom the Authority

may delegate in writing specific functions, in equal quarterly instalments

on the first day of every quarter during which an operator enjoys the

right of way>

Provided that the Authority shall reconcile fees paid on the

basis of projected revenues, with the fees that should have been paid

based upon actual revenues. For this purpose, each operator shall submit

to the Authority, or to any person or body of persons to whom the

Authority may delegate in writing specific functions, within a maximum

of 12 months after the 31st December of the relevant year, an audited

statement of actual quarterly revenues as represented in the operator’s

financial statement and –

(i) where the amount paid by an operator is less than the

amount payable by reference to the statement of actual revenues,

the operator concerned shall, within such time as may be specified

by the Authority in a request in writing, pay to the Authority, or to

any person or body of persons to whom the Authority may delegate

in writing specific functions, the balance of fees so payable<

(ii) where the amount paid by an operator is more than the

amount payable by reference to the actual statement of turnover,

the Authority shall, as soon as may be after the receipt of the audited

statements referred to above, repay to the operator concerned the

excess amount so paid.

(b) If an operator fails to pay any sum due as laid down

in this regulation, interest at the rate of eight per cent per annum shall

accrue on such sum from the date on which such sum falls due.

(4) The first quarterly payment of the right of way fee shall

be paid on the last day of the first quarter during which these regulations

have come into force.

(5) Any payment made to the Authority in accordance with

these regulations shall be without prejudice to any requirement for

development or other permission or for any other authorisation required

by law, including any permit for trenching operations and any other

permit or licence from any Government department, authority,

corporation or agency, and to any consent that may be required by law

from third parties.

(6) Any fees levied by the Authority in accordance with

these regulations shall be on account of the Government.

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