Bunkering (Authorisation) (Amendment) Regulations, 2014

L.N. 133 of 2014

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Bunkering (Authorisation) (Amendment) Regulations, 2014

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

Resources Authority Act, the Minister for Energy and Health, after

consultation with the Malta Resources Authority, has made the

following regulations:-

The title of these regulations is the Bunkering

(Authorisation) (Amendment) Regulations, 2014, and these

regulations shall be read and construed as one with the Bunkering

(Authorisation) Regulations, hereinafter referred to as "the principal

regulations".

Regulation 2 of the principal regulations shall be amended

as follows

(a)

immediately after the definition "authorisation",

there shall be added the following new definition

" "authorised facility" means a facility in respect of

which an authorisation has been issued under these

regulations and includes marine fuel stations and all

buildings, tanks, pipework, pumps, dispensers, electrical

and electronic equipment, drainage, ancillary equipment,

forecourt area and any other asset within that part of the

facility relevant to the delivery, storage, dispensing and

retail of marine fuels;";

(b)

immediately after the definition "bunkering

operations and activities", there shall be added the following

new definition

" "commercial site" means a site that is not open to

the general public from where marine fuel is dispensed;";

(c)

immediately after the new definition "commercial

site" there shall be added the following new definition

" "competent person" means a person who is

approved by the Authority and who

(a) practises the profession of an engineer

under the Engineering Profession Act; and

(b) is suitably trained, has sufficient

knowledge, experience and capability as approved

by the Authority to

(i) carry out assessment inspections

of a marine fuel station;

(ii) supervise the material alterations

made at a marine fuel station;

(iii) certify in writing that a marine fuel

station is designed, constructed, tested and

maintained as prescribed in any authorisation

conditions and direction given by the

Authority and according to guidelines and

Codes of Practice duly approved by the

Authority; and

(c) can carry out other work of a technical

nature that is complimentary or ancillary to the

above;";

(d)

immediately after the definition "establishment"

there shall be added the following new definition

" "marine fuel" shall have the same meaning as

under the Quality of Fuels Regulations;";

(e)

the definition "marine fuel retail station" shall be

substituted by the following new definition

" "marine fuel station" means an authorised facility

which operates through dispensers operated in the

proximate vicinity of the shoreline at a retail site or at a

commercial site and operating exclusively for ships which

has been approved by the Authority to store petroleum, and

which may be subject to any such conditions as the

Authority may establish in the applicable authorisation;",

and the words "marine fuel retail station" wherever they shall

occur shall be substituted by the words "marine fuel station";

(f)

immediately after the definition "recipient" there

shall be added the following new definition

" "retail" means the sale of marine fuels to final

consumers;"; and

(g)

immediately after the new definition "retail" there

shall be added the following new definition

" "retail site" means a site where the final

customers can purchase marine fuel;".

Immediately after regulation 13 of the principal

regulations there shall be added the following new regulation

" Compliance

(1) Authorised providers who

certificate.

are authorised to operate a marine fuel retail

station shall every year or as may be

otherwise required by the Authority, submit a

compliance certificate duly signed by a

competent person, together with the annual

authorisation fee payable under regulation 10.

Such a compliance certificate shall be in such

form and manner as the Authority may

prescribe.

(2) No application for the issue of an

authorisation and no renewal of an

authorisation shall be accepted or processed

by the Authority, as the case may be, unless

accompanied by the relevant compliance

certificate mentioned in sub-regulation (1).".

4. Immediately after regulation 16 of the principal

regulations there shall be added the following new regulations

" Design,

(1) Without prejudice to any

construction

other provisions of these regulations or any

etc., according

other law, marine fuel stations designed or

to standards.

constructed after the entry into force of these

regulations shall be designed and constructed

in accordance with standards prescribed or as

directed by the Authority and, or as required

by any other authority competent at law as a

result of a consultation or agreement with the

Authority.

(2) Once the design and construction

of a marine fuel station have been carried out,

a competent person shall submit in writing a

certification that all standards and safety

requirements required by the authorised

provider in regard to the marine fuel station

have been observed.

(1) The authorised provider

Material

alterations

shall not undertake or permit to be undertaken

require

consent.

any material alterations to the marine fuel

station, unless the prior written consent of the

Authority has been obtained.

(2) The consent of the Authority to the

material

alterations

mentioned

in

subregulation (1) shall not exempt the

authorised 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 a marine fuel station.

(4) In

conducting

the

material

alterations the competent person shall follow

any guidelines or directions 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 shall submit

in writing to the Authority a certification that

all safety requirements imposed on the marine

fuel station have been complied with.

(6) The Authority may, subsequent to

the carrying out of material alterations

referred to in sub-regulation (5), send an

inspector or official to perform an assessment

inspection on the marine fuel retail station.".

€0.45