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Bunkering (Authorisation) Regulations, 2010

28 Articles / Provisions · Malta
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Table of Provisions (28)

Statutory Text (28 Articles)

Malta Government Gazette — Legal Notice 2010 270 — Bunkering (Authorisation) Regulations, 2010

L.N. 270 of 2010

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Bunkering (Authorisation) Regulations, 2010

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:–

Malta Government Gazette — Legal Notice 2010 270 — Bunkering (Authorisation) Regulations, 2010

(1) The title of these regulations is the Bunkering

(Authorisation) Regulations, 2010.

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

bunkering operations and activities, and to safeguard the public

interest and public safety. Any requirement contained therein,

including those relating to authorisations and to services, are made

for overriding reasons relating to the public interest.

Malta Government Gazette — Legal Notice 2010 270 — Bunkering (Authorisation) Regulations, 2010

Regulation 7(2)

Authorisation application fee payable in respect of an application for an

Authorisation for the operation of a marine fuel retail station through

dispensers operated in the proximate vicinity of the shoreline and operating

exclusively for ships.

The applicable fee for applying for an authorisation is of €500.

Authorisation for the loading, discharging and transferring of fuels between

a bunker barge or a marine terminal or a marine facility or any two or more

of the preceding, to a receiving ship where those fuels are for fuelling the same

ship or its machinery.

The applicable fee for applying for an authorisation is of €500.

Authorisation for the loading, discharging and transferring of fuels between a

road tanker and a receiving ship.

The applicable fee for applying for an authorisation is of €500.

B

Malta Government Gazette — Legal Notice 2010 270 — Bunkering (Authorisation) Regulations, 2010

(1) Unless stated otherwise in these regulations,

the definitions in the Malta Resources Authority Act and in the

Bunkering Fuels Tax Act shall apply.

(2)

In these regulations, unless the context otherwise

requires

“the Act” means the Malta Resources Authority Act;

“approved” means the acceptance in writing by the

Authority;

“authorisation” means any authorisation granted under

these regulations, and in relation to services and service

providers means a permit, licence, warrant, appointment,

concession or any decision concerning access to a service

activity or the exercise thereof;

“authorised provider” means a provider issued with

an authorisation by the Authority under the Act and these

regulations, or a service provider who is authorised to operate

under any law in force in a Member State of the European

Union or a state which is a participant to the European

Economic Area

Provided that whenever the Authority is required to

exercise its functions under these regulations in relation

to offshore storage facilities, the Authority shall act in

collaboration with the authority responsible for maritime

matters;

“the Authority” means the Malta Resources Authority

Provided that whenever the Authority is required to

exercise its functions under these regulations in relation

to offshore storage facilities, the Authority shall act in

collaboration with the authority responsible for maritime

matters;

“bunkering” shall have the same meaning as provided

for in the Bunkering (Fuels) Tax Act, and shall include the Cap. 381.

importation, wholesale and retail sale of fuels offshore;

“bunkering operations and activities” shall have the

same meaning as “bunkering”;

“establishment” means the actual pursuit of an economic

activity by a service provider for an indefinite period and

through stable infrastructure from where the business of

providing services is actually carried out;

“marine fuel retail station” means a retail fuel station

which operates through dispensers operated in the proximate

vicinity of the shoreline and operating exclusively for ships;

“Member State” means a member state of the European

Union;

“the Minister” means the Minister responsible for

resources;

“overriding reasons relating to public interest” means

reasons recognised as such in case law of the European

Courts of Justice and which reasons present a justification for

the issue of an authorisation and, or the issue of a condition

thereto and, or to any other policy decision taken in terms of

such authorisation, when such authorisation, and, or condition

and, or policy decision thereto could not have been issued

or taken under normal circumstances but for such overriding

reasons relating to public interest, which reasons include any

of the following grounds

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

provided that these reasons shall be interpreted in

accordance with Article 46 and Article 55 of the Treaty;

(b) consumer protection, and, or protection of

recipients of service; and

(c)

protection of the environment.

“person” means and includes an individual, an

undertaking, a body or other association of persons, whether

such body or association is a juridical person or not;

“petroleum” shall have the same meaning as under the

Petroleum (Production) Act

Provided that “petroleum” may be interpreted differently

in any authorisation issued by the Authority as the case may

be;

“recipient” means any physical person who is a national

of a Member State, who benefits from rights conferred upon

him by community acts or any legal person established in

a Member State, who for professional or non-professional

purposes, uses, or wishes to use a service against non-

economic considerations;

“service” means any self-employed activity performed

for economic considerations;

“service provider” means any physical person who is a

national of a Member State, or any legal person established in

a Member State, who offers or provide a service;

“transfer” means and includes, any transfer of

authorisation to carry out bunkering operations and activities

which is effected between a person known as the transferor

and another, known as the transferee, and which transfer of

authorisation shall be issued and granted by the Authority in

terms of these regulations and other procedural requirements

for authorisation which the Authority may from time to time

require

Provided that such transfer of authorisation shall only

be effected upon the fulfillment of all requirements included

in the application for the transfer of an authorisation and if

the Authority is satisfied that all legal requirements together

with the necessary documentation have been submitted to the

Authority by both parties and, or by third parties, if the case

may be, in terms of these regulations and other procedural

requirements;

“transferee” means and includes any person in favour

of whom a transfer of authorisation to carry out bunkering

operations and activities has been issued by the Authority in

terms of these regulations;

“transferor” means and includes any person whose

authorisation for the carrying out of bunkering operations and

activities is transferred in favour of the transferee, upon the

granting and issuing of an authorisation by the Authority for

such transfer to be carried out;

“the Treaty” means the treaty establishing the European

Community;

“undertaking” shall have the same meaning as provided

for in the Competition Act.

Malta Government Gazette — Legal Notice 2010 270 — Bunkering (Authorisation) Regulations, 2010

Regulation 10(2)

1. For the operation of a marine fuel retail station through dispensers

operated in the proximate vicinity of the shoreline and operating exclusively for

ships there shall be paid an authorisation fee of €500 and €50 per nozzle per

annum and of 0.20 euro per tonne of fuel released for marine bunker purposes.

2. For the loading, discharging and transferring of fuels between a bunker

barge or a marine terminal or a marine facility or any two or more of the preceding,

to a receiving ship where those fuels are for fuelling the same ship or its machinery

there shall be payable an authorisation fee of €2,329 per annum and of 0.20 euro

per tonne of fuel released for marine bunker purposes.

3. For the loading, discharging and transferring of fuels between a road

tanker and a receiving ship there shall be payable an authorisation fee of €500 and

of €50 per tanker per annum and of 0.20 euro per tonne of fuel released for marine

bunker purposes.

€1.86

Malta Government Gazette — Legal Notice 2010 270 — Bunkering (Authorisation) Regulations, 2010

The following bunkering operations and activities shall

require an authorisation

(a) the operation of a marine fuel retail station through

dispensers operated in the proximate vicinity of the shoreline

and operating exclusively for ships;

(b) the loading, discharging and transferring of fuels

between a bunker barge or a marine terminal or a marine

facility or any two or more of the preceding, and a receiving

ship where those fuels are for fuelling the same ship or its

machinery; and

(c) the loading, discharging and transferring of fuels

between a road tanker and a receiving ship.

Malta Government Gazette — Legal Notice 2010 270 — Bunkering (Authorisation) Regulations, 2010

(1) The Authority may, in terms of these regulations,

issue an authorisation and, or authorisations for the following

bunkering operations and activities

(a) the operation of a marine fuel retail station through

dispensers operated in the proximate vicinity of the shoreline

and operating exclusively for ships;

(b) the loading, discharging and transferring of fuels

between a bunker barge or a marine terminal or a marine

facility or any two or more of the preceding, to a receiving

ship where those fuels are for fuelling the same ship or its

machinery; and

(c) the loading, discharging and transferring of fuels

between a road tanker and a receiving ship

Provided that such authorised provider in whose favour

an authorisation is granted, shall satisfy any such conditions

as may be specified in the authorisation, these regulations and

any other applicable laws.

(2) Notwithstanding the generality of the foregoing,

the Authority may issue such other types of authorisations as may

be necessary.

Malta Government Gazette — Legal Notice 2010 270 — Bunkering (Authorisation) Regulations, 2010

(1) Any person, who prior to the entry into force

of these regulations, was engaged in any activity or operation

relating to petroleum and is in possession of a valid licence to

do so under the Bunkering Fuels Tax Act or under the Malta

Resources Authority Act, may continue to perform such activities

as authorised under existing licence conditions for one calendar

year from the entry into force of these regulations or the grant of a

new authorisation

Provided that any such person shall apply for a new

applicable authorisation as listed in regulation 4(1) of these

regulations to the Authority within two months from the day

of the serving of a notice by the Authority to apply for such an

authorisation

(2) In the period between the date when these

regulations or parts thereof come into force and the date when the

new authorisations come into effect, the authorised provider shall

follow all directions and conditions that the Authority may set

Provided that when such conditions are inconsistent with

the authorisation then in force, the new conditions shall prevail.

(3) Any fees applicable to the new authorisation

shall apply pro rata temporis from the date of issue till the 31st of

December 2010.

Malta Government Gazette — Legal Notice 2010 270 — Bunkering (Authorisation) Regulations, 2010

(1) Authorisations shall be issued by the Authority in

respect 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

Provided that, the conditions for the granting of

an authorisation for a new establishment shall not duplicate

requirements and controls which are equivalent or essentially

comparable as regards their purpose to which the service provider

is already subject in another Member State or in Malta.

(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

regulations, shall continue 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 from issuing a single authorisation incorporating more

than one authorisation.

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

period of years equal to

(a) ten years in the case of an authorisation for the

operation of a marine fuel retail station through dispensers

operated in the proximate vicinity of the shoreline and

operating exclusively for ships;

(b) ten years in the case of an authorisation for the

loading, discharging and transferring of fuels between a

bunker barge or a marine terminal or a marine facility or any

two or more of the preceding, to a receiving ship where those

fuels are for fuelling the same ship or its machinery;

(c) ten years in the case of an authorisation for the

loading, discharging and transferring of fuels between a road

tanker and a receiving ship.

(5) 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.

Malta Government Gazette — Legal Notice 2010 270 — Bunkering (Authorisation) Regulations, 2010

(1) Any person who wishes to carry out the following

bunkering operations and activities

(a) the operation of a marine fuel retail station through

dispensers operated in the proximate vicinity of the shoreline

and operating exclusively for ships;

(b) the loading, discharging and transferring of fuels

between a bunker barge or a marine terminal or a marine

facility or any two or more of the preceding, to a receiving

ship where those fuels are for fuelling the same ship or its

machinery; and

(c) the loading, discharging and transferring of fuels

between a road tanker and a receiving ship,

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

and manner as the Authority may prescribe.

(2) A non-refundable application fee as established in

the First Schedule to these regulations shall be paid to the Authority

with the authorisation application.

Malta Government Gazette — Legal Notice 2010 270 — Bunkering (Authorisation) Regulations, 2010

(1) The Authority shall establish its procedure for the

purposes of determining an application for the following bunkering

operations and activities

(a) an authorisation for the operation of a marine fuel

retail station through dispensers operated in the proximate

vicinity of the shoreline and operating exclusively for ships;

(b) an authorisation for the loading, discharging

and transferring of fuels between a bunker barge or a

marine terminal or a marine facility or any two or more of

the preceding, to a receiving ship where those fuels are for

fuelling the same ship or its machinery;

(c) an authorisation for the loading, discharging and

transferring of fuels between a road tanker and a receiving

ship.

(2) The Authority shall communicate to the applicant

in writing within a reasonable time, which reasonable time shall

not be of more than two 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 any valid reason impeding the Authority to reach such a

decision.

Malta Government Gazette — Legal Notice 2010 270 — Bunkering (Authorisation) Regulations, 2010

(1) 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, three months prior to the date on which

the authorisation expires.

(2) The Authority may modify, amend, replace, or

delete any authorisation condition in the renewed authorisation

relevant to each individual authorisation as the Authority considers

to be reasonably justified in the circumstances

Provided that the Authority shall not add new

authorisation conditions in the renewed authorisation to those

which are already contained therein unless the adding of new

specific authorisation conditions are owed to overriding reasons

relating to public interest.

Malta Government Gazette — Legal Notice 2010 270 — Bunkering (Authorisation) Regulations, 2010

(1) The first authorisation fee shall be paid by the

authorised provider within fifteen days upon granting of the

authorisation, and thereafter every year on the anniversary of the

grant of such authorisation or any other date as the Authority may

reasonably establish.

(2) The amount of the authorisation fee shall be

according to the Second Schedule to these regulations and,

where applicable, shall be paid to the Authority together with an

application for an authorisation.

(3) If any authorisation fee to be payable under sub-

regulation (2) of this regulation is not paid within fifteen 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) of this regulation 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.

Malta Government Gazette — Legal Notice 2010 270 — Bunkering (Authorisation) Regulations, 2010

(1) If any authorisation fee is not paid within fifteen

days after the date upon which the aforesaid communication

has been sent by registered post, the authorisation to which it

relates shall cease to be in force, and if the authorised provider

to whom the authorisation was granted wishes again to carry out

the operation of a marine fuel retail station through dispensers

operated in the proximate vicinity of the shoreline and operating

exclusively for ships, the loading, discharging and transferring

of fuels between a bunker barge or a marine terminal or a marine

facility or any two or more of the preceding, to a receiving ship

where those fuels are for fuelling the same ship or its machinery,

and the loading, discharging and transferring of fuels between a

road tanker and a receiving ship, 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.

Malta Government Gazette — Legal Notice 2010 270 — Bunkering (Authorisation) Regulations, 2010

(1) The Authority shall adopt fair, objective and

transparent conditions relating to the granting of an authorisation

in terms of the principles of natural justice.

(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 may

take account of the following

(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) the private and professional integrity of the

applicant;

(d) protection of the environment;

(e) record of compliance with these regulations and

any other relevant laws by the person with regard to whom

the decision shall be made;

(f) the facility convenience with regard to security,

health, safety, hazardous substances, environment, land use

and planning requirements;

(g) the need for facilities and services which shall

be provided for consumers in the facility in question and

to the extent of which the interests of consumers may be

safeguarded;

(h) the possibility of a monopolistic or an oligopolistic

condition in the bunkering market, detrimental to the public

interest being created or aggravated, and the extent to which

fair and reasonable competition in the retail of petroleum

could be affected; and

(i) compliance by the applicant with the requirements

contained in the Authorisations (Suspension, Refusal and

Revocation) Regulations, 2008.

Malta Government Gazette — Legal Notice 2010 270 — Bunkering (Authorisation) Regulations, 2010

The Authority shall have the right to refuse a request for

an authorisation or, if an authorisation has been issued, a request

for the renewal of an authorisation, on the grounds that

(a) the Authority considers that the request does not

meet one or more of criteria referred to in regulation 12; or

(b) the application does not contain 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; or

(c) the application is not accompanied by such

application fee as specified in accordance with these

regulations

Provided that, any decision taken by the Authority,

including refusal or withdrawal of an authorisation, shall

be fully reasoned and shall be open to challenge before the

Appeals Board

Provided further that in case of failure by the Authority

to inform the applicant regarding any decision taken

concerning access to a service activity or the exercise thereof,

including refusal or withdrawal of an authorisation, shall

not mean in any manner whatsoever, that the Authority has

tacitly granted such authorisation and that the applicant has

automatically been granted access to a service activity or the

exercise thereof.

Malta Government Gazette — Legal Notice 2010 270 — Bunkering (Authorisation) Regulations, 2010

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

an authorisation issued under these regulations any such conditions

as the Authority considers requisite or suitable.

(2) Each of the individual authorisations described in

regulation 4(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 authorised provider shall inform the

Authority of any changes relating to his activity which result in

the conditions for his authorisation no longer being met and the

creation of subsidiaries whose activities fall within the scope of the

authorisation and, or the authorisation scheme.

(5) 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) monitoring and recording of the authorised

operations;

(e) reporting, auditing and submission of information

to the Authority;

(f) 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;

(g) assessment and auditing of operations, activities

and practices and their compliance to authorisation

conditions;

(h) regulation of subsidiary companies and, or

companies executing part of the regulated operations,

activities and practices

Provided that the Minister may give directions of a

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

(6) 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.

Malta Government Gazette — Legal Notice 2010 270 — Bunkering (Authorisation) Regulations, 2010

(1) Authorised providers shall keep records of all

transactions in respect of each authorisation they hold and other

information about all petroleum transactions permitted under the

authorisations being in force and 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

Provided that the Authority shall treat as confidential

any information obtained from the authorised provider which

such authorised provider communicates 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 petroleum

Provided that the aforesaid publication shall not refer to

any specific authorised provider and shall be in accordance with

data protection laws.

Malta Government Gazette — Legal Notice 2010 270 — Bunkering (Authorisation) Regulations, 2010

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

12 of these regulations

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.

Malta Government Gazette — Legal Notice 2010 270 — Bunkering (Authorisation) Regulations, 2010

(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,

or delete the conditions of the authorisation as it considers requisite

or suitable

Provided that the Authority shall not add new

authorisation conditions in the renewed authorisation to those

which are already contained therein unless the adding of new

specific authorisation conditions are owed to overriding reasons

relating to public interest.

(2) Before making any amendments, replacements, or

deletions to the authorisation, the Authority shall

(a) in accordance with the provisions of sub-regulation

(3) hereof communicate such amendments, replacements, or

deletions to the authorisation it proposes to make;

(b) state the reasons why such amendments,

replacements, or deletions are being proposed;

(c) specify the period (not being less than fifteen

days 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) hereof

shall be

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

authorisation holders;

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

of a notice in the Gazette.

Malta Government Gazette — Legal Notice 2010 270 — Bunkering (Authorisation) Regulations, 2010

(1) An authorisation issued by the Authority under

these regulations shall not be validly transferred inter vivos to any

other physical 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 13 of these regulations 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 physical 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 13 of these regulations 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.

Malta Government Gazette — Legal Notice 2010 270 — Bunkering (Authorisation) Regulations, 2010

Authorisations issued in terms of these regulations may Requirement of

be required to be accompanied by an insurance policy taken by the insurance.

authorised provider to the satisfaction of the Authority.

Malta Government Gazette — Legal Notice 2010 270 — Bunkering (Authorisation) Regulations, 2010

In the event of a crisis in the supply of petroleum, the Security of supply.

Authority, in performance of its mandate to secure all reasonable

demands for the provision of such resource, may take possession

of, or compulsorily acquire, such petroleum stocks as it may deem

fit or order the possessor to dispose of them as directed

Provided that possessors of such petroleum stocks shall

be compensated in the ordinary course of events.

Malta Government Gazette — Legal Notice 2010 270 — Bunkering (Authorisation) Regulations, 2010

The Resources Appeals Board established by Part IX of

the Act shall have jurisdiction to hear and determine appeals from

decisions of the Authority made under these regulations.

Malta Government Gazette — Legal Notice 2010 270 — Bunkering (Authorisation) Regulations, 2010

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

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.

Malta Government Gazette — Legal Notice 2010 270 — Bunkering (Authorisation) Regulations, 2010

The Authority may, for the purpose of the legal nature Requirement of a bank

and effect of these regulations, require the applicant to produce, guarantee.

within a reasonable time which shall not be prior to the acceptance

of his application by the Authority, a bank guarantee in favour of

the Authority, provided that, such guarantee shall be submitted to

the Authority concurrently with the issuing and granting of the

authorisation to the applicant, in terms of these regulations.

Malta Government Gazette — Legal Notice 2010 270 — Bunkering (Authorisation) Regulations, 2010

(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) carries out any activity requiring an authorisation

without being in possession of a valid authorisation;

(d) 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;

(e) hinders, obstructs, molests, 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; or

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

regulations which is false, misleading or incorrect in any

material respect,

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

conviction, be liable to a fine of not more than a fine (multa) of not

more than sixty-nine thousand euro (€69,000), or of one thousand

and three hundred euro (€1,300) for each day during which the

offence persists.

(2) The liability of an offender under sub-regulation

(1) hereof 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) During 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 or to secure evidence concerning

any such offence.

(6) The provisions of these regulations shall not affect

any criminal proceedings or any other proceedings that may be

instituted under any other law.

Malta Government Gazette — Legal Notice 2010 270 — Bunkering (Authorisation) Regulations, 2010

Saving the provisions of regulation 24 (1) (f) of these

regulations, the Authority may impose an administrative fine

not exceeding one hundred thousand euro (€100,000) for each

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

compliance, from the date of the decision given by the Authority

upon any person who infringes any provision of these regulations

or who fails to comply with any directive or decision given by the

Authority in ensuring compliance with these regulations.

B

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