BUNKERING (AUTHORISATION) REGULATIONS (authorisation)

SUBSIDIARY LEGISLATION 545.25

BUNKERING (AUTHORISATION) REGULATIONS

7th May, 2010

LEGAL NOTICE 270 of 2010, as amended by Legal Notices 184 of 2012

and 133 of 2014; and Act XXV of 2015.

(1) The title of these regulations is the Bunkering

(Authorisation) Regulations.

(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.

Amended by

L.N. 133 of 2014.

Regulation 7(2)

Authorisation application fee payable in respect of an application for an

Authorisation for the operation of a marine fuel 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.

(1) Unless stated otherwise in these regulations, the

definitions in the Regulator for Energy and Water Services Act and

in the Bunkering Fuels Tax Act shall apply.

(2)

In these regulations unless the context otherwise requires

"the Act" means the Regulator for Energy and Water Services

Act;

"approved" means the acceptance in writing by the Regulator;

"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 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;

"authorised provider" means a provider issued with an

authorisation by the Regulator 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 Regulator is required to

exercise its functions under these regulations in relation to offshore

storage facilities, the Regulator 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 importation,

wholesale and retail sale of fuels offshore;

"bunkering operations and activities" shall have the same

meaning as "bunkering";

"commercial site" means a site that is not open to the general public

from where marine fuel is dispensed;

"competent person" means a person who is approved by the

Regulator and who

(a) practises the profession of an inġinier under the

Inġiniera Act; and

(b) is suitably trained, has

sufficient knowledge,

experience and capability

as approved by the

Regulator 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 Regulator and according

to guidelines and Codes of Practice duly

approved by the Regulator; and

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

complimentary or ancillary to the above;

"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" shall have the same meaning as under the Quality of

Fuels Regulations;

"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 Regulator to store petroleum,

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

establish in the applicable authorisation;

"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 Regulator 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;

"the Regulator" means the Regulator for Energy and Water

Services

Provided that whenever the Regulator is required to

exercise its functions under these regulations in relation to offshore

storage facilities, the Regulator shall act in collaboration with the

authority responsible for maritime matters;

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

"retail site" means a site where the final customers can purchase

marine fuel;

"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 Regulator in terms of these regulations and

o th e r p r o c e d u r a l r e qu i r e m e n t s f o r a u t h o r i s a t i o n wh i c h t h e

Regulator 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 Regulator

is satisfied that all legal requirements together with the necessary

documentation have been submitted to the Regulator 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 Regulator 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 Regulator for such transfer to be

carried out;

" t h e Tr e a t y " m e a n s t h e t r e a ty e s t a b l i s h i n g t h e E u r o p e a n

Community;

"undertaking" shall have the same meaning as provided for in the

Competition Act.

Amended by

L.N. 133 of 2014.

Regulation 10(2)

1. For the operation of a marine fuel 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.

The following bunkering operations and activities shall

require an authorisation

(a) the operation of a marine fuel 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.

(1) The Regulator 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 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

Regulator may issue such other types of authorisations as may be

necessary.

(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 Regulator for Energy and

Water Services 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) to the Regulator

within two months from the day of the serving of a notice by the

Regulator 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 Regulator 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.

(1) Authorisations shall be issued by the Regulator 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 Regulator 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 Regulator

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 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 Regulator 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) Any person who wishes to carry out the following

bunkering operations and activities

(a) the operation of a marine fuel 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 Regulator in such form

and manner as the Regulator may prescribe.

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

Schedule shall be paid to the Regulator with the authorisation

application.

(1) The Regulator 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 Regulator 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 Regulator to reach such a

decision.

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

application for renewal of the authorisation in such form and

manner as the Regulator may require shall be submitted in writing

to the Regulator, three months prior to the date on which the

authorisation expires.

(2) The Regulator may modify, amend, replace, or delete any

authorisation condition in the renewed authorisation relevant to

each individual authorisation as the Regulator considers to be

reasonably justified in the circumstances

Provided that the Regulator 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.

(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 Regulator may

reasonably establish.

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

the Second Schedule and, where applicable, shall be paid to the

Regulator together with an application for an authorisation.

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

(2) is not paid within fifteen days, the Regulator 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 Regulator 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 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 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

f u e l l i n g t h e s a m e s h i p o r i t s m a c h i n e r y, a n d t h e l o a d i n g ,

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 Regulator 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 Regulator.

(1) The Regulator 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 Regulator may

take account of the following

(a) compliance by the applicant with all other relevant

permits and authorisations, however so described,

BUNKERING (AUTHORISATION)

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.

The Regulator 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 Regulator 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 Regulator in the application form or

any other additional information that the Regulator

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 Regulator,

including refusal or withdrawal of an authorisation, shall be fully

reasoned and shall be open to challenge before the the

Administrative Review Tribunal

Provided further that in case of failure by the Regulator 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

w h a t s o e v e r, t h a t t h e R e g u l a t o r h a s t a c i t l y g r a n t e d s u c h

authorisation and that the applicant has automatically been granted

access to a service activity or the exercise thereof.

(1) Authorised providers who are authorised to operate a

marine fuel retail station shall every year or as may be otherwise

required by the Regulator, 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 Regulator may

prescribe.

(2) No application for the issue of an authorisation and no

renewal of an authorisation shall be accepted or processed by the

Regulator, as the case may be, unless accompanied by the relevant

compliance certificate mentioned in sub-regulation (1).

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

authorisation issued under these regulations any such conditions as

the Regulator 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 Regulator 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 Regulator or as may be

established at law;

(d) monitoring and recording of the authorised operations;

(e) reporting, auditing and submission of information to

the Regulator;

(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 Regulator 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 Regulator 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

Regulator for the purposes of complying with any

international obligation of Malta.

(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 shall keep originals of all audited

accounts at their principal place of business for the purpose of

auditing by the Regulator. The Regulator may make copies or take

extracts of such records

Provided that the Regulator shall treat as confidential any

information obtained from the authorised provider which such

authorised provider communicates to the Regulator as being

commercially sensitive and which the Regulator accepts to be so,

and in doing so the Regulator shall not divulge any such

information unless required to do so by law or by a court order.

(2) The Regulator 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.

The Regulator may, at any time in the course of the period

for which the authorisation is valid, order its suspension,

revocation or cancellation where the Regulator 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 Regulator 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

Provided that in exercising its powers of suspension,

revocation or cancellation of authorisations, the Regulator may

take into account the nature of the failure, or the fact that the

authorised provider is taking the appropriate steps which the

Regulator considers are necessary in order to comply with the

conditions of the authorisation or any other requirement that the

Regulator may deem relevant.

(1) Without prejudice to any other provisions of these

regulations or any other law, marine fuel stations designed or

constructed after the entry into force of these regulations shall be

designed and constructed in accordance with standards prescribed

or as directed by the Regulator and, or as required by any other

authority competent at l aw a s a res ult o f a consulta tion or

agreement with the Regulator.

(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 shall not undertake or permit

to be undertaken any material alterations to the marine fuel station,

unless the prior written consent of the Regulator has been obtained.

(2) The consent of the Regulator to the material alterations

mentioned in sub-regulation (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 Regulator 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 Regulator 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

Regulator a certification that all safety requirements imposed on

the marine fuel station have been complied with.

(6) The Regulator may, subsequent to the carrying out of

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

BUNKERING (AUTHORISATION)

inspector or official to perform an assessment inspection on the

marine fuel retail station.

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

the Regulator 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 Regulator 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 Regulator shall

(a) in accordance with the provisions of sub-regulation (3)

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 Regulator 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

authorisation holders;

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

notice in the Gazette.

(1) An authorisation issued by the Regulator 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 Regulator in such

form and manner as the Regulator shall prescribe;

(b) the Regulator is satisfied that at least the same criteria

as listed in regulation 13 are complied with;

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

the authorisation; and

(d) the Regulator 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 Regulator 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 Regulator in such

form and manner as the Regulator shall prescribe;

(b) the Regulator is satisfied that at least the same criteria

as listed in regulation 13 are abided by;

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

the authorisation; and

(d) the Regulator 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 Regulator

approves the transfer of the authorisation as aforesaid, the transfer

shall have retrospective effect from the date of the death of the

decujus.

Authorisations issued in terms of these regulations may be

required to be accompanied by an insurance policy taken by the

authorised provider to the satisfaction of the Regulator.

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

Regulator, 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.

The Administrative Review Tribunal established by article 5

of the Administrative Justice Act shall have jurisdiction to hear and

determine appeals from decisions of the Regulator made under these

regulations.

(1) The Regulator 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.

The Regulator may, for the purpose of the legal nature and

effect of these regulations, require the applicant to produce, within

a reasonable time which shall not be prior to the acceptance of his

application by the Regulator, a bank guarantee in favour of the

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

Regulator concurrently with the issuing and granting of the

authorisation to the applicant, in terms of these regulations.

(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 Regulator 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 Regulator 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) shall

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

Regulator 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 Regulator shall have the right to assist

the police, and to plead the case before the court.

(5) Officers from the Regulator 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.

Saving the provisions of regulation 24(1)(f), the Regulator

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 Regulator upon any person who

infringes any provision of these regulations or who fails to comply

with any directive or decision given by the Regulator in ensuring

compliance with these regulations.

BUNKERING (AUTHORISATION)