Regulations, 2008

L.N. 195 of 2008

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Authorisations (Suspension, Refusal and Revocation)

Regulations, 2008

IN EXERCISE of the powers conferred by sub-article (1) of article

28 of the Malta Resources Authority Act, the Minister for Resources

and Rural Affairs, after consultation with the Malta Resources Authority

has made the following regulations>

The title of these regulations is the Authorisations (Suspension,

Refusal and Revocation) Regulations, 2008.

(1) Unless stated otherwise in these regulations, the

definitions in the Act shall apply.

(2)

In these regulations, unless the context otherwise

requires>

“the Act” means the Malta Resources Authority Act<

“applicant” means a person who has submitted an application

for the issue or transfer to him of an authorisation and in the case

of a legal person shall also include any other person who has a

controlling or beneficial interest in that person<

“authorised provider” means any person who holds a valid

authorisation to operate, provide or carry out any activity or

operation or service however so described relating to energy, water

or mineral resources and in the case of a legal person also includes

any natural or legal person who has a controlling interest in that

person.

These regulations shall apply to any natural or legal person,

who applies to the Authority for the issue, transfer or renewal of an

authorisation, to carry out any operation or activity relating to energy,

water or mineral resources.

Applicants and authorised providers applying to the Authority Filing

information.

for the issue, transfer or renewal of an authorisation shall provide the

Authority with all relevant information as may be required by the

Authority for the purpose of satisfying itself that the applicant or the

authorised provider is a fit and proper person to hold an authorisation.

(1) The Authority may refuse the application for the issue Refusal of

application,

or transfer of an authorisation, and in the case of a renewal of an suspension or

authorisation, suspend or revoke an authorisation, if an applicant for revocation of an

authorisation.

the issue of an authorisation or an authorised provider has>

(a) contravened any provision of, or committed an offence

against>-

(i) the Act, any regulations prescribed thereunder, any

subsidiary legislation prescribed under any of the provisions

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

the Enemalta Act or the Water Services Corporation Act or Cap. 272.

any regulations kept in force by virtue of the provisions of Cap. 355.

any of the aforesaid Acts or deemed to have been issued

thereunder, or of any other law for which the Authority is the

competent authority<

(ii) the Consumer Affairs Act, the Competition Act, Cap. 378.

the Companies Act, or any regulations prescribed thereunder< Cap. 379.

(iii) the Public Health Act or the Metrology Act< or

(b) committed a voluntary criminal offence liable to a

punishment of imprisonment for at least one year.

(2) When making a decision under sub regulation (1), the

Authority shall take into account>

(a) the seriousness of, and circumstances surrounding the

offence or the contravention<

(b) the explanation offered by the convicted person<

(c) the relevance of the offence to the proposed role in the

case of an application for an authorisation or for the transfer thereof

and the relevance to the authorisation in the case of an authorisation

already issued by the Authority or deemed to have been issued by

the Authority<

(d) the passage of time since the offence was committed

and evidence of the individual’s rehabilitation>

Provided that the Authority, when considering whether an

applicant for the issue or transfer of an authorisation or for a renewal

of an authorisation, is a fit and proper person to be a holder thereof,

the Authority shall also have regard to the following matters>

(i) any evidence of actual harm or detriment to other

authorised providers or consumers<

(ii) evidence pointing to risks to authorised providers

and consumers from dealings with the applicant or the

authorised provider.

(1) Where criminal proceedings in respect of an offence to

which regulation 5 refers are pending sub-judice against an applicant

or an authorised provider, the Authority may suspend an authorisation

or the consideration of an application for an authorisation or for the

transfer of an authorisation during the time when the said proceedings

are pending.

(2) In considering whether to take any action under this

regulation, the Authority shall act in accordance with the criteria listed

in sub-regulation (2) of regulation 5.

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