RIGHT OF WAY FOR UTILITIES AND SERVICES (FEES) REGULATIONS

RIGHT OF WAY FOR UTILITIES AND SERVICES (FEES)

SUBSIDIARY LEGISLATION 499.37

RIGHT OF WAY FOR UTILITIES AND SERVICES

(FEES) REGULATIONS

1st October, 2004

LEGAL NOTICE 94 of 2005, as amended by Legal Notices 45 of 2006

and 424 of 2007; and Act XV of 2009.

The title of these regulations is the Right of Way for

Utilities and Services (Fees) Regulations.

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

plac ing the reon, any a pparatus o r for gaini ng access to any

apparatus;

"the Authority" means the Authority for Transport in Malta

established under the Authority for Transport in Malta Act;

"locality" shall have the same meaning assigned to it by the

Local Government Act;

"national operator" means any person or undertaking, other than

the Authority, who has in place any apparatus in, on or over roads

in a minimum of fifty different localities within Malta;

"operator" means any person or undertaking, apart from the

Authority, who is the owner of apparatus which is installed in, on

or over any road;

"quarter" means any period of three months ending on the 31st

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

"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 Authority for

Transport in Malta Act.

(1) Any national operator that enjoys a right of way shall

pay to the 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 two

hundr ed an d seve nty-ni ne t housand and five hundred euros

(279,500).

(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

RIGHT OF WAY FOR UTILITIES AND SERVICES (FEES)

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) An operator who does not qualify as a national operator

shall pay to the Authority, or to any person or body of persons to

whom the Authority may delegate in writing specific functions, an

annual fee calculated at the rates published from time to time by the

Authority by means of a notice in the Gazette.

(4)

(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

t h i s p u rp o s e , e a c h o p e r a t o r s h a l l s ub m i t t o t h e

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

the Authority may delegate in writing specific

functions, within a maximum of twelve 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.

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

pai d on the l ast day of t he fi rst quart er dur ing which these

regulations have come into force.

(6) 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,

RIGHT OF WAY FOR UTILITIES AND SERVICES (FEES)

authority, corporation or agency, and to any consent that may be

required by law from third parties.

(7) Any fees levied by the Authority in accordance with these

regulations shall be on account of the Government.