Liquefied Petroleum Gas Market Regulations, 2008

L.N. 249 of 2008

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Liquefied Petroleum Gas Market Regulations, 2008

IN exercise of the powers conferred by article 28 (1) of the Malta

Resources Authority Act, the Minister for Resources and Infrastructure,

after consultation with the Malta Resources Authority, has made the

following regulations>

(1) The title of these regulations is the Liquefied Petroleum Citation, scope and

entry into force.

Gas Market Regulations, 2008.

(2) The scope of these regulations is to regulate the Liquefied

Petroleum Gas Market in Malta.

(3) These regulations shall come into force on the 7th

October, 2008.

Regulation 7(5)

Authorisation application fee payable in respect of an application for an>

Authorisation to carry out the activity of retail of portable cylinders filled with

LPG, including retail from a fixed point of sale<

The applicable fee for applying for an authorisation for carrying out the activity of

retail of portable cylinders filled with LPG, including retail from a fixed point of sale is

of € 60<

Authorisation to operate a fixed piped network<

The applicable fee for applying for an authorisation for operating a fixed piped

network is of € 240<

Authorisation to operate a secondary storage facility of LPG<

The applicable fee for applying for an authorisation for operating a secondary storage

facility of LPG is of € 120<

Authorisation to carry out the activity of a bulk LPG distributor<

The applicable fee for applying for an authorisation for carrying out the activity of

a bulk LPG distributor is of € 60<

Authorisation to operate an autogas retail station.

The applicable fee for applying for an authorisation for operating an autogas retail

station is of € 120.

(1) Unless stated otherwise in these regulations, the Definitions.

definitions in the Malta Resources Authority Act shall apply.

(2)

In these regulations, unless the context otherwise

requires>

“applicant” means an applicant for an authorisation issued

by the Authority under these Regulations<

“autogas” means Liquified Petroleum Gas used for the

propulsion of motor vehicles<

“autogas retail station” means an authorised facility which

has been authorised by the Authority to store and retail autogas

and which may be subject to any such conditions as the Authority

may establish<

“authorised person” means a final customer authorised by

the Authority to operate a secondary storage facility of LPG in

terms of these regulations<

“authorised provider” means a provider authorised by the

Authority to import and, or wholesale LPG, or to operate a primary

storage facility or to bottle LPG in terms of the Petroleum for the

Inland (Wholesale) Fuel Market Regulations or to wholesale, retail,

transport and, or distribute LPG in bulk by means of a bulk LPG

distributor vehicle or to distribute LPG by means of a fixed piped

network or to retail LPG, including retail of portable cylinders

filled with LPG , in terms of these regulations<

“authorisation” means any authorisation granted under these

Regulations>

Provided that it shall mean an authorisation granted under

the Petroleum for the Inland (Wholesale) Fuel Market Regulations

when it is issued in regard to LPG<

“authorised facility” means a facility in respect of which an

authorisation has been issued and includes all buildings, tanks,

pipework, pumps, dispensers, electrical equipment, appliances,

drainage, ancillary equipment, forecourt area and any other asset

within that part of the facility relevant to LPG<

“Authority” means the Malta Resources Authority established

by Article 3 of the Malta Resources Authority Act<

“bulk LPG distributor” means a person who in terms of an

authorisation issued by the Authority is authorised to transport and,

or distribute LPG in bulk and, or retail LPG in bulk to authorised

facilities and, or to wholesale, transport and, or distribute LPG in

bulk to an autogas retail station<

“bulk LPG distributor vehicle” means a vehicle (including

its contents) as defined in the Motor Vehicles (Carriage of

Dangerous Goods by Road) Regulations, 2003 designated for the

purpose of transporting and, or distributing LPG to authorised

facilities, secondary storage facilities of LPG and autogas retail

stations<

“competent person” means a person approved by the Authority

who holds a warrant to practice the profession of an engineer under

the Engineering Profession Act or the equivalent professional

qualification as provided under the Mutual Recognition of

Qualifications Act, and who has suitable training, sufficient

knowledge, experience and skill in gas technology as approved by

the Authority to>

(a) carry out assessment inspections of authorised

facilities which shall include any of the following>

(i) fixed piped networks<

(ii) secondary storage facilities of LPG<

(iii) autogas retail stations.

(b) supervise the material alterations made at

authorised facilities, fixed piped networks, secondary storage

facilities of LPG and at autogas retail stations<

(c) certify in writing that the authorised facilities, fixed

piped networks, secondary storage facilities of LPG, or

autogas retail stations are designed and maintained as

prescribed in any authorisation conditions and according to

guidelines and Codes of Practice duly approved by the

Authority<

(d) carry out other work of a technical nature that is

complimentary or ancillary to the above<

“final customer” means any natural or legal person purchasing

LPG for his own use and not resale or transfer purposes<

“fixed piped network” means an authorised facility used for

the storage and, or distribution and retail of LPG by means of a

storage facility linked with a piped network<

“fixed point of sale” means a specific area designated by the

Authority, and duly approved by any other competent authority

and in consultation with any relevant authority, from where a person

duly authorised by the Authority may retail portable cylinders filled

with LPG<

“inspector” means any employee or officer of the Authority

or any other person duly appointed and authorised in writing by

the Authority in accordance with the provisions of the Act to inspect

and check compliance with these regulations and any authorisation

condition<

“LPG” means liquefied petroleum gas, composed of either

propane or butane, according to BS 4250> 1997 or the equivalent

or a mixture of both gases according to MSA EN 589<

“material alteration” means any alteration which, within the

limits of the applicability of the authorisation, may in the opinion

of the Authority affect the proper and safe operation of an

authorised facility or of a secondary storage facility of LPG and

includes change, removal, repair, replacement or cessation of use

of any equipment, whether electrical or mechanical, which would

affect the safe operation of the authorised facility<

“the Minister” means the Minister responsible for resources<

“person” includes an individual, an undertaking, a body or

other association of persons, whether such body or association is a

juridical person or not<

“portable cylinders” or “cylinders” means transportable

containers suitable for use with LPG and which conform to the

Transportable Pressure Equipment Regulations, 2002<

“primary storage facility of LPG” means an authorised facility

approved by the Authority and issued with an authorisation for a

primary storage facility in terms of the Petroleum for the Inland

(Wholesale) Fuel Market Regulations, 2007 and which is used by

the authorised provider as aforesaid to store LPG<

“retail” means the sale of LPG to final customers<

“secondary storage facility of LPG” means a storage facility,

not being a primary storage facility, with a minimum storage

capacity of either more than 150 kg of LPG or any six or more

interconnected portable LPG cylinders, whichever is the lower>

Provided that a storage facility shall not be a secondary storage

facility of LPG, unless the LPG therein stored is for the authorised

person’s own exclusive use.

Regulation 8(2)

Authorisation fee payable in respect of an>

Authorisation to carry out the activity of retail of portable cylinders filled with

LPG, including retail from a fixed point of sale<

The applicable authorisation fee for carrying out the activity of retail of portable

cylinders filled with LPG, including retail from a fixed point of sale is of € 24 per

annum<

Authorisation to operate a fixed piped network

The applicable authorisation fee for operating a fixed piped network is of € 24 per

annum<

Authorisation to operate a secondary storage facility of LPG<

The applicable authorisation fee for operating a secondary storage facility of LPG

is of € 24 per annum<

Authorisation to carry out the activity of a bulk LPG distributor<

The applicable authorisation fee for an authorisation for carrying out the activity of

a bulk LPG distributor is of € 24 per annum<

Authorisation to operate an autogas retail station.

The applicable authorisation fee for an authorisation for operating an autogas retail

station is of € 60 per annum.

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

€2.05

(1) An authorised provider who is the holder of an

authorisation>

(a) to carry out the activity of an importer and, or wholesaler

of LPG or to bottle or load LPG, or to carry out all the

aforementioned activities, or some of them, simultaneously<

(b) to operate a primary storage facility of LPG,

shall be required to have a storage facility used for the storage of LPG

with a minimum storage capacity of 50 tonnes, as specified in Column

2 of Part 2 of Schedule 1 of the Control of Major Accident Hazard L.N. 37 of 2003.

Regulations, 2007.

(2) The 50 ton storage facility mentioned in subregulation

(1) need not be the property of the authorised provider>

Provided that the said 50 ton storage facility shall not be

committed or contracted to any other authorised provider.

An authorised provider authorised by the Authority to import Minimum stock

level of LPG to be

or wholesale or store and bottle LPG shall maintain a minimum stock held by the

level equivalent to 20% of the total storage capacity of his storage facility authorised provider.

of LPG. This minimum level of 20% may include, at the discretion of

the Authority, a vessel loaded with LPG for departure to or in transit to

Malta, when warranted by the size of the facility and the scale of

operations involved>

Provided that the authorised provider shall also hold in stock, Minimum

guaranteed stock of

at any time, as part of his total storage capability, a minimum guaranteed LPG.

stock of LPG equivalent to his total average sales in Malta and Gozo

during 8 days of the previous calendar year. In calculating the amount

to be held as minimum guaranteed stock of LPG, the Authority shall

take into account any seasonality factor which may be present. The

authorised provider shall not be required to hold this minimum

guaranteed stock of LPG when such amount is less than the minimum

stock level equivalent to 20% of the total storage capacity of his primary

storage facility of LPG.

Provided further that the minimum guaranteed stock of LPG

required to be held by the authorised provider in terms of these

regulations, shall be held, without prejudice to any obligation incumbent

on the authorised provider, in regard to the holding of minimum security

stocks of petroleum products, emanating from any national or

international obligation.

An authorised provider issued with an authorisation by the Minimum storage

capacity of LPG to

Authority to wholesale or store and bottle LPG shall hold, at any time, be held in cylinders.

a minimum storage capacity of LPG, equivalent to a one-day amount

of supplies in already-filled cylinders, to be held as operational stock,

which one day amount of supplies shall be calculated in accordance

with the authorised provider’s total sales in the previous calendar year.

In calculating the minimum guaranteed stock of LPG to be held in

already filled cylinders, the Authority shall take into account any

seasonality factor which may be present.

Provided that the amount held in already-filled cylinders may

be set-off against the amount required to be held in terms of regulation

3.

(1) No person shall, unless he has been granted a valid

authorisation in accordance with these regulations, carry out any of the

following operations and, or activities>

(a) the retail of portable cylinders filled with LPG, including

retail from a fixed point of sale<

(b) operation of a fixed piped network<

(c) operation of an autogas retail station<

(d) activity of a bulk LPG distributor<

(e) operation of a secondary storage facility of LPG.

(2) The Authority may grant an authorisation and, or

authorisations for the>

(a) carrying out of the activity of a bulk LPG distributor<

(b) operation of a fixed piped network<

(c) operation of a secondary storage facility of LPG<

(d) carrying out of the retail activity of portable cylinders

filled with LPG, including retail from a fixed point of sale<

(e) operation of an autogas retail station>

Provided that such person or authorised provider in whose

favour an authorisation is granted, shall satisfy any such conditions

as may be specified in the authorisation, in these regulations and in

any other applicable laws.

(3) In the case of a secondary storage facility of LPG

consisting of six, but of not more than eight interconnected portable

LPG cylinders, a notification submitted in the form established by the

Authority shall be required, instead of an application for the issue of an

authorisation for a secondary storage facility. After the receipt of such

notification, the Authority may require the applicant to submit

certification of the storage facility by a competent person.

(1) Authorisations shall be issued by the Authority in respect Issue

authorisations.

of the execution of the operations, activities and practices referred to in

these regulations and shall include the terms and conditions for the

execution of such operations, activities and practices.

(2) An authorisation issued by the Authority shall be in

writing and, unless cancelled, suspended or revoked in accordance with

any condition contained in it or in accordance with these or other

regulations, it shall continue to be in force for such period as may be

specified in, or determined by or under the authorisation.

(3) Nothing in these regulations shall prohibit the Authority Issue of single

authorisation.

from issuing a single authorisation incorporating more than one

authorisation.

(4) Authorisations, unless revoked, shall be valid for a period Validity of

authorisation.

of years equal to>

(a) ten years in the case of an authorisation to operate an

autogas retail station<

(b) six years in the case of an authorisation for the carrying

out of the activity of a bulk LPG distributor<

(c) six years in the case of an authorisation for the carrying

out of the retail activity of portable cylinders filled with LPG,

including retail from a fixed point of sale<

(d) twenty years in the case of an authorisation for the

operation of a fixed piped network<

(e) ten years in the case of an authorisation for the operation

of a secondary storage facility of LPG.

Applications for an

(5) Any person who wishes to>

authorisation.

(a)

carry out of the activity of a bulk LPG distributor<

(b)

operate a fixed piped network<

(c) operate a secondary storage facility of LPG<

(d) carry out the retail activity of portable cylinders filled with

LPG including retail from a fixed point of sale<

(e) operate an autogas retail station,

shall submit an application in writing to the Authority in such form and

manner as the Authority may prescribe. A non-refundable application

fee as established in the First Schedule shall be paid to the Authority

with the authorisation application.

(6) The Authority shall establish its procedure, which shall

be made publicly known, for the purposes of determining an application,

for the>

(a)

carrying out of the activity of a bulk LPG distributor<

(b) operation of a fixed piped network<

(c)

operation of a secondary storage facility of LPG<

(d) carrying out of the retail activity of portable cylinders

filled with LPG, including retail from a fixed point of sale<

(e) operation of an autogas retail station.

(7) The Authority shall communicate to the applicant in

writing within a reasonable time, which reasonable time shall not be of

more than three months from the date of receipt of a valid application,

any decision taken concerning an application for an authorisation or an

application for the renewal of an authorisation, or of any valid reason

impeding the Authority to reach such a decision.

(8) Upon expiry, an authorisation may be renewed, and an

application for renewal of the authorisation, in such form and manner as

the Authority may require, shall be submitted in writing to the Authority,

six months prior to the date on which the authorisation expires. The

Authority may modify, amend, replace, add or delete any authorisation

condition in the renewed authorisation and add specific conditions relevant

to each individual authorisation as the Authority considers to be reasonably

justified in the circumstances.

(9) An authorisation issued by the Authority under these

regulations shall not exempt the authorised provider from the

requirement of obtaining any other authorisation or permit as may be

required under any other law.

(1) The first authorisation fee shall be due by the authorised

provider immediately upon the granting of the authorisation and thereafter,

every year on the anniversary of the grant of such authorisation or on

any other date as the Authority may reasonably establish>

Provided that the authorisation shall not be valid until the

payment of the first authorisation fee is made.

(2) The amount of the authorisation fee shall be according to

the Second Schedule to these regulations and shall be paid to the Authority

together with an application for an authorisation.

(3) If any authorisation fee payable under subregulation (2)

is not paid within thirty days, the Authority shall after the lapse of such

time, communicate with the authorised provider whose authorisation

fee has not so been paid informing him about his failure to pay such

fee.

(4) The Authority shall be deemed to have complied with

sub-regulation (3) if such communication is sent by registered post, to

the usual or last known address of the authorised provider whose

authorisation fee has not so been paid.

(1) If any authorisation fee is not paid within thirty days after Requirement to

the date upon which the aforesaid communication has been sent by reapply

failure to pay an

registered post, the authorisation to which it relates shall cease to be in authorisation.

force, and if the authorised provider to whom it was granted wishes again

to carry out the activity of a bulk LPG distributor, to operate a fixed

piped network, to operate a secondary storage facility of LPG, to carry

out the activity of retail of portable cylinders filled with LPG, including

retail from a point of sale, to operate an autogas retail station, he shall

then be required to apply for a new authorisation.

(2) In considering any such application, the Authority may

take into consideration the previous failure of the applicant to pay the

authorisation fee and of any explanation regarding that failure which the

applicant may submit to the Authority.

(1) The Authority shall adopt fair, objective, transparent and Criteria to be

non-discriminatory criteria relating to the granting of an authorisation in adopted

Authority.

terms of the principles of natural justice. The aforementioned criteria shall

be published by the Authority.

(2) In taking a decision in respect of the grant, issue,

amendment or renewal or any other matter pertaining to an authorisation

issued under these regulations, the Authority shall require the applicant

to meet the following criteria, when appropriate>

(a) compliance by the applicant with all other relevant permits

and authorisations, however so described, issued by any other public

authority<

(b) the capability of the applicant to ensure safety conditions,

in the context of the authorisation being applied for<

(c) private and professional integrity of the applicant<

(d)

protection of the health and safety of employees<

(e) protection of the environment<

(f) record of compliance with these regulations and any other

relevant laws by the person with regard to whom the decision shall

be made<

(g) suitability of the facility with regard to safety, health,

security, hazardous substances, environment, land use and planning

requirements<

(h) the need for facilities and services to be provided for

consumers at the facility concerned and the extent to which the

interests of consumers shall be served<

(i) any other matter relevant to the orderly provision, of LPG

in Malta< and

(j) the public interest in general.

Provided that when taking account any of the aforementioned,

the Authority shall give a justification for its decision. Any such

decision shall be taken in conformity with any applicable laws and

regulations and in an objective, transparent and non-discriminatory

manner.

The Authority shall approve an application for the issue of an

authorisation or, if an authorisation has been issued, it shall approve an

application for the renewal of an authorisation, when>

(a) the Authority considers that the applicant has satisfied

the criteria required or requested to be met in regulation 10<

(b) the application contains all such information requested

by the Authority in the application form or any other additional

information that the Authority may request from the applicant for

the purpose of determining the application for the authorisation<

(c) the application is accompanied by such application fee as

specified in accordance with these regulations.

(1) The Authority shall have the power to include in an Powers

conditions of

authorisation issued under these regulations any such conditions as the authorisation.

Authority considers requisite or suitable. Any such conditions shall be

fair, objective, transparent and non-discriminatory.

(2) Each of the individual authorisations described in

regulation 6(1) shall have a minimum set of general conditions>

Provided that special conditions may be attached to any

authorisation issued under these regulations.

(3) The authorised provider shall at all times comply with

these regulations and with the conditions of his authorisation.

(4) The conditions included in the authorisation may contain,

but not necessarily be limited to, provisions regarding>

(a) the grant and term of the authorisation<

(b) suspension, variation and transfer conditions of the

authorisation<

(c) compliance requirements to conditions, directions,

management letters, standards, guidelines, codes of practice or rules

given by the Authority or as may be established at law<

(d) the obligations of the authorised provider, including but

not limited to consumer service obligations and holding of minimum

security stocks of LPG<

(e) the promotion of the efficient operation of the LPG market

and protection of consumers in terms of the lowest possible prices

combined with the highest quality of the products<

(f) monitoring and recording of the authorised operations<

(g) reporting, auditing and submission of information to the

Authority<

(h) inspection, making of copies and taking of extracts from

books and records held by the authorised provider and carrying out

of measurements and tests in relation to any facility, assets or plant

provided these are carried out by an approved inspector<

(i) assessment and auditing of operations, activities and

practices and their compliance to authorisation conditions<

(j) regulation of subsidiary companies and, or companies

executing part of the regulated operations, activities and practices>

Provided that the Minister may give directions in writing of a

policy nature to the Authority in relation to any of the above matters

that appear to him to affect the public interest.

(5) Any person granted an authorisation under these

regulations shall>

(a) comply with any direction given by the Authority as to

such matters as are specified in the authorisation or are of a

description so specified<

(b) execute the regulated operations, activities and practices

in accordance with such authorisation conditions<

(c) act in accordance with any requirements as are specified

in the authorisation or are of a description so specified< and

(d) comply with the decisions or directions issued by the

Authority for the purposes of complying with any international

obligation of Malta.

(1) Inspectors shall be authorised to enter and inspect any

authorised facility in which LPG is, stored, blended, or is under transport

and inspect all tanks, pipework, pumps, dispensers, electrical equipment,

drainage, ancillary equipment and other equipment or assets directly or

indirectly connected with the carrying out of the authorisation conditions

in order to ascertain if they are in accordance with the conditions as

prescribed in the authorisation.

(2) Every inspector of the Authority so authorised shall at

all reasonable times be allowed unrestricted access to the authorized

facility, for the purpose of ascertaining whether the conditions attached

to the authorisation are being duly observed. The authorised provider

shall give all reasonable assistance which such inspector may require for

that purpose.

(1) Authorised providers shall keep records of all

Keeping of accounts

transactions in respect of each authorisation they hold and other

information about all LPG transactions permitted under the authorisations

being in force and where applicable, to keep originals of all audited

accounts at their principal place of business for the purpose of auditing

by the Authority. The Authority may make copies or take extracts of

such records, whether in physical or digital form, or require the

authorised provider to provide same>

Provided that the Authority shall treat as confidential any

information obtained from the authorised provider and the authorized

provider shall communicate to the Authority as being commercially

sensitive and which the Authority accepts to be so, and in doing so the

Authority shall not divulge any such information unless required to do

so by law or by a court order.

(2) The Authority shall have the right to publish information

regarding activities and statistics related to LPG>

Provided that the aforesaid publication shall not refer to any

specific authorised provider and shall be in accordance with data protection

laws.

(1) Without prejudice to any other provisions of these Design and

construction of an

regulations or any other law, all new authorisation facilities be designed authorised facility.

and constructed after the entry into force of these regulations have to be

designed and constructed in accordance with standards and specifications

prescribed by the Authority and, or any other authority competent at

law.

(2) Once the design and construction have been carried out,

a competent person must submit in writing to the Authority a certification

that all standards and safety requirements imposed on the authorised

facility have been abided to.

(1) The authorised provider shall not undertake or permit to Material alterations.

be undertaken any material alterations to the authorised facility, unless

the written consent of the Authority has been obtained.

(2) The approved consent to the material alterations by the

Authority under these regulations shall not exempt the authorized provider

from the requirement of obtaining any other written approval or permit

required under any other law.

(3) No person other than a competent person, or such other

person approved in writing by the Authority and supervised by a

competent person, shall carry out any material alteration on an authorised

facility.

(4) In conducting the material alterations, the competent

person shall follow any guidelines that the Authority may from time to

time issue.

(5) Once the material alterations have been carried out, the

competent person commissioned by the authorised provider to perform

the material alterations must submit in writing a certification that all safety

requirements imposed on the authorised facility have been complied with.

(6) The Authority may, subsequent to the material alterations

referred to in subregulation (5) send an inspector to perform an assessment

inspection of the authorised facility.

The Authority may, at any time in the course of the period for

which the authorisation is valid, order its suspension, revocation or

cancellation where the Authority is satisfied that>

(a) the authorised provider has failed or is failing to abide by

any conditions of the authorisation or to abide by these regulations<

or

(b) the authorised provider does not possess all other relevant

permits and authorisations that are issued by any other public

authority< or

(c) the authorised provider is contravening any requirement

imposed by law< or

(d) the authorised provider fails to comply with any directive

given by the Authority as to such matters as are specified in the

authorisation or are of a description so specified< or

(e) any information submitted in the application for an

authorisation or the application for renewal of an authorisation

and for which the authorisation has been issued or renewed, as the

case may be, is determined to be false< or

(f) the authorised provider does not meet the criteria in respect

of one or more of the criteria referred to in regulation 10>

Provided that in exercising its powers of suspension, revocation

or cancellation of authorisations, the Authority may take into account

the nature of the failure, or the fact that the authorised provider is

taking the appropriate steps which the Authority considers are

necessary in order to comply with the conditions of the authorisation

or any other requirement that the Authority may deem relevant.

(1) Subject to the following provisions in this regulation,

the Authority may at any time in the course of the period for which the

authorisation is valid, modify, amend, replace, add or delete the

conditions of the authorisation as it considers requisite or suitable>

Provided that any condition which is so modified, amended,

replaced or added, shall be fair, objective, transparent and non-

discriminatory.

Provided further that any deletion of a condition, shall be made

in a fair, objective, transparent and non-discriminatory manner.

(2) Before making any amendments, replacements, additions

or deletions to the authorisation, the Authority shall>

(a) in accordance with the provisions of subregulation (3)

communicate such amendments, replacements, additions or deletions

to the authorisation it proposes to make<

(b) state the reasons why such amendments, replacements,

additions or deletions are being proposed<

(c) specify the period (not being less than one month from

the date of publication of the notice) within which representations

or objections have to be made in respect of the proposals being

made>

Provided that the Authority in doing so shall consider any

representations made.

(3) The notice referred to in sub-regulation (2) shall be>

(a) brought to the attention of the Minister and the holders of

authorisations<

(b) brought to the public’s attention by the publication of a

notice in the Gazette.

(1) When an authorised provider or an authorised person Termination of

authorisation.

decides either to suspend or to terminate his authorisation to carry out

the activity of a bulk LPG distributor or to operate a fixed piped network

or to operate a secondary storage facility of LPG or to carry out the retail

activity of portable cylinders filled with LPG, including retail from a

fixed point of sale or to operate an autogas retail station, the authorised

provider or the authorised person, as the case may be, shall promptly

notify the Authority in the form prescribed by the Authority to notify

such a termination or suspension.

(2) Upon acknowledgement by the Authority to the

authorised provider or authorised person of the notification mentioned in

subregulation (1), the authorisation shall be considered to have ceased

and with immediate effect from the date of such acknowledgement, the

activity of a bulk LPG distributor, the operation of a fixed piped network,

the carrying out of the retail activity of portable cylinders filled with LPG,

including retail from a fixed point of sale or the operation of an autogas

retail station business and the operation of a secondary storage facility of

LPG, shall be deemed to be unauthorised.

(3) Notwithstanding any notification for termination or

suspension of an authorisation, the authorised provider shall remain liable

for the payment of any authorisation fees due prior to such notification.

(1) An authorisation issued by the Authority under these

regulations shall not be validly transferred inter vivos to any other natural

or legal person unless>

(a) the transferor informs in writing the Authority in such

form and manner as the Authority shall prescribe<

(b) the Authority is satisfied that at least the same criteria as

listed in regulation 10 are complied with<

(c) the transfer is subject to the conditions prescribed in the

authorisation< and

(d) the Authority approves in writing the transfer of the

authorisation>

Provided that the leasing of the authorised facility shall require

the issue of a new authorisation in the name of the person leasing

the authorised facility.

(2) An authorisation issued by the Authority under these

regulations shall not be validly transmitted causa mortis to any other

natural or legal person unless>

(a) the transferee informs in writing the Authority in such

form and manner as the Authority shall prescribe<

(b) the Authority is satisfied that at least the same criteria as

listed in regulation 10 are abided by<

(c) the transfer is subject to the conditions prescribed in the

authorisation< and

(d) the Authority approves in writing the transfer of the

authorisation>

Provided that the authorisations issued in terms of these

regulations shall be an indivisible right>

Provided further that in the event that the Authority approves

the transfer of the authorisation as aforesaid, the transfer shall have

retrospective effect from the date of the death of the decujus.

The storage of LPG in underground basements or garages is Prohibited LPG

storage.

prohibited.

All authorisations issued in terms of these regulations are to Requirement of

insurance.

be accompanied by an insurance policy taken by the authorised provider

to the satisfaction of the Authority. The insurance policy shall include

cover for third party liability.

The authorised provider shall co-operate in any scheme Co-operation with

promoted by a competent authority, designed to ensure that the authorities.

maximum fire-fighting efficiency for the sector, at a national co-operative

level is achieved.

(1) The Authority shall keep a register or registers of Register of

authorisations.

authorisations which shall include records of>

(a) all authorisations granted under these regulations, and

(b) all applications for an authorisation received and refused.

(2) The register or registers of authorisations shall be kept

under review and up to date.

The Authority may require any authorised provider to supply Supply of data to

the Authority.

the necessary data for the Authority to fulfill its function to regulate,

monitor and keep under review all practices, operations and activities

relating to the LPG market.

The Resources Appeals Board established by Part IX of the Resources Appeals

Board.

Act shall have jurisdiction to hear and determine appeals from decisions

of the Authority made under these regulations.

The dyeing of LPG used for autogas purposes shall be carried Dyeing of LPG used

for autogas

out when such LPG is loaded on road tankers in accordance with such purposes.

method as approved by the Authority.

(1) Any person who>

(a) willfully or through negligence acts in breach of any

provision of these regulations<

(b) willfully or through negligence breaches any condition

listed in the authorisations regulated by these regulations<

(c)

is a party to a boycott<

(d) carries out any activity requiring an authorisation without

being in possession of a valid authorisation<

(e) fails to comply with any lawful order by an inspector,

employee or officer of the Authority in execution of their duties in

terms of these regulations<

(f) hinders, obstructs, molests or interferes or attempts to

hinder, obstruct, molest or interfere with any inspector, any employee

or officer of the Authority in the execution of his duties in terms of

these regulations<

(g) makes a declaration for any of the purposes of these

regulations which is false, misleading or incorrect in any material

aspect, shall be guilty of an offence against these regulations and

shall, on conviction, be liable to imprisonment for not more than

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

thousand euro (€70,000) or to one thousand five hundred euro

(€1,500) for each day during which the offence persists, or to both

such fine and imprisonment.

(2) The liability of an offender under subregulation (1) shall

be without prejudice to the liability of the offender to pay to the Authority

any cost incurred in removing the cause of the offence and to undo

anything which was done without an authorisation under these regulations.

(3) The Court, besides awarding the punishment referred to

in this regulation, may order the convicted offenders to close their activity

and, or to undo anything which was done without an authorisation.

(4) In the prosecution of offences against these regulations

officials of the Authority shall have the right to assist the police, and to

plead the case before the Court.

(5) Officers from the Authority may assist the Police in the

exercise of any of their powers to prevent the commission of an offence

against these regulations and, or to secure evidence concerning any such

offence.

(6) The provisions of these regulations shall not affect any

criminal proceedings and, or any other proceedings that may be instituted

under any other law.

The Authority may impose an administrative fine upon any Administrative

person who infringes any provision of these regulations or who fails to fines.

comply with any directive or decision given by the Authority in ensuring

compliance with these regulations.