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The Malta Resources Authority (Amendment) Act (Act No. Xii Of 2007)

AN ACT to amend the Malta Resources Authority Act

BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the authority of the same, as follows>

Short title.

Amendment of the Malta Resources Authority Act, Cap. 423.

Amendment of article 2 of the principal Act.

1. (1) The short title of this Act is the Malta Resources Authority
(Amendment) Act, 2007.
2. (1) This Act amends the Malta Resources Authority Act, and it shall be read and construed as one with the Malta Resources Authority Act, hereinafter referred to as “the principal Act”.
(2) This Act shall come into force on such date as the Minister responsible for resources may by notice in the Gazette appoint and different dates may be so appointed for different provisions and different purposes thereof.
3. Article 2 of the principal Act shall be amended as follows>- (a) immediately after the definition “advisory committee”
there shall be inserted the following new definition>
“ “Appeals Board” means the Resources Appeals Board established by article 33 of this Act”<
(b) immediately after the new definition “Appeals Board”
there shall be inserted the following new definition>
“ “authorisation” includes any licence or permit however so described issued by or under this Act to operate, provide or carry out any activity or operation or service however so described relating to resources<”<
(c) immediately after the new definition “authorisation”
there shall be inserted the following new definition>
“ “authorised provider” means any person who has a valid authorisation to operate, provide or carry out any activity or operation or to provide any service relating to resources<”<
(d) immediately after the definition “contractor” there shall be inserted the following new definition>
“ “decision” includes any determination, measure, order, requirement or specification however so described made by the Authority and the word “decision” shall be construed accordingly<”<
(e) immediately after the new definition “decision” there shall be inserted the following new definition>
“ “directive” means a directive issued by the Authority in accordance with the procedures as prescribed by regulations made under this Act<”<
4. Article 4 of the principal Act shall be amended as follows>– (a) in paragraph (k) of subarticle (1) thereof, immediately
before the words “in the practices, operations” there shall be added
the words “and to promote the efficient use of resources”<
(b) paragraph (p) of subarticle (1) shall be renumbered as paragraph (r) thereof, and immediately after paragraph (o) of subarticle (1) thereof, there shall be added the following new paragraphs>
“(p) promote the interests of consumers and other users in Malta, particularly vulnerable consumers, especially in
A 375

Amendment of article 4 of the principal Act.

A 376

Amendment of article 26 of the principal Act.

Amendment of article 28 of the principal Act.

respect of the prices charged for, and the quality and variety of the services and, or products regulated by or under this Act<”<
“(q) to determine disputes in relation to matters regulated by or under this Act<”<
(c) in paragraph (c)(i) of subarticle (2) thereof the words “Prime Minister” shall be substituted by the word “Minister” and for the words “and the Continental Shelf Act” shall be substituted by “and the Prime Minister in terms and for the purposes of the Continental Shelf Act<”< and
(d) immediately after subarticle (3) thereof, there shall be added the following new subarticle>
“(4) The Authority may require any authorised provider to provide it with any information, including financial information that the Authority considers necessary for the purpose of ensuring compliance with the provisions of this Act, regulations prescribed thereunder and decisions or directives made in accordance with this Act, regulations prescribed thereunder or any other law which the Authority is entitled to enforce. Any person who fails or refuses to provide such information shall be in contravention of this Act and shall be liable to the imposition of an administrative fine as may be prescribed by the Authority.”.
5. Article 26 of the principal Act shall be amended as follows> (a) in the proviso to subarticle (1) thereto the words “Prime
Minister” shall be substituted by the word “Minister”< and
(b) immediately after subarticle (4) thereof, there shall be added the following new subarticle>-
“(5) An authorisation granted to a person under this Act shall not relieve such a person from the requirement at law to apply for any other authorisation however so described, or from any other obligation arising under any other law.”.
6. Subarticle (2) of article 28 of the principal Act shall be amended as follows>
(a) for paragraph (a) thereof, there shall be substituted the following>-
“(a) for any aspect relating to the procedure and conditions that may be imposed in relation to any authorisation under this Act including where applicable the grant, renewal, transfer, suspension, cancellation and duration of any such authorisation, the manner in which applications for such authorisations is to be made, the content and form of such applications and how they may be granted, renewed or transferred, the fees payable, and the manner in which renewals or transfers thereof is to be indicated<”<
(b) for paragraph (b) thereof, there shall be substituted the following>-
“(b) for the regulation of any aspect relating to imposition of public and, or universal service obligations, however so described, in respect of any operation, activity or service regulated by this Act<”<
(c) for paragraph (c) thereof, there shall be substituted the following>-
“(c) for the regulation of price structures for resources and where appropriate for the regulation and determination of tariffs, price mark-ups and charges for the supply, storage and distribution of resources and for the use of any systems used in the distribution and transmission of resources<”<
(d) paragraph (d) thereof shall be deleted and paragraphs (e), (f) and (g) thereof shall be renumbered as paragraphs (d), (e) and (f) respectively<
(e) immediately after paragraph (f) thereof as renumbered, there shall be inserted the following new paragraph>-
“(g) for the quality of service targets and the establishment and maintenance of an efficient customer service by authorised providers for consumers<”<
(f) in paragraph (h) thereof, for the word “energy<” there shall be substituted with the word “resources”<
(g) in paragraph (i) thereof, the words “energy, water and mineral resources” there shall be substituted the word “resources”<
A 377
A 378
(h) in paragraph (o) thereof, for the word “licensees” there shall be substituted the words “authorised providers” and for the words “by such licensees<” there shall be substituted the words “by such authorised providers, and on any other matter relating to provision of information by authorised providers to the Authority<”< and
(i) for paragraphs (q) to (t) thereof, there shall be substituted the following new paragraphs>–
“(q) for prescribing the practices to be adopted in regard to safety, and the protection of the environment in relation to any matter regulated by this Act, including any norms in relation to the liability of any person who causes damage to the environment as a result of any activities regulated by or under this Act undertaken by that person<
(r) regarding a contingency plan in the event of any crisis relating to any matter regulated by this Act<
(s) for complaint processing procedures to be implemented by an authorised provider, and for any matter relating to the resolution of any disputes and, or complaints, however so described, relating to any matter regulated by this Act<
(t) in regard to administrative infringements and fines< (u) regarding cooperation with other authorities and
the relationship between the Authority and other public
authorities including consultations, provision of information and any other matter of mutual interest<
(v) for the procedure to be followed before the Appeals Board and for the establishment of any such fees as are considered to be necessary in relation to any proceedings before the Appeals Board<
(w) for the procedures to be followed in regard to the settlement of disputes<
(x) for the enforcement powers required by the
Authority to perform its functions under this Act<
(y) for prescribing anything which may be or is required to be prescribed by this Act.”.
7. Articles 30 and 31 of the principal Act shall be deleted.
8. (1) Article 32 of the principal Act shall be renumbered as article 33 thereof.
(2) In article 33 as renumbered, wherever the word “Board”
appears there shall be substituted the words “Appeals Board”.
9. Immediately after article 29 of the principal Act there shall be inserted the following new articles>-
A 379

Deletion of articles

30 and 31 of the principal Act.

Renumbering and amendment of article 32 of the principal Act.

Insertion of new articles 30, 31 and

32 to the principal

Act

“Enforcement powers of the Authority.

Imposition of administrative fines.

30. (1) Any officer or employee of the Authority so authorised may, at all reasonable times, enter any premises, vehicle, vessel or any other place, for the purposes of>-
(a) the making of such inspections, tests, measurements, lifting of samples or to ascertain that nothing contrary to the provisions of this Act, to the regulations made thereunder or to any term or condition attached to any licence, permit or authorisation issued under this Act is being carried out<
(b) ascertaining or reproducing such data or information as the Authority may require.
(2) Any person who obstructs or impedes any officer or employee of the Authority in the exercise of his duties under this Act shall be guilty of an offence and shall, on conviction, be liable to imprisonment not exceeding eighteen months or to a fine (multa) of not more than thirty thousand liri (sixty nine thousand eight hundred eighty one euros) or to both such fine and imprisonment.
31. (1) The Authority may impose an administrative fine upon any person who infringes any provision of this Act, regulations prescribed thereunder or of any other law which the Authority is entitled to enforce, or who fails to comply with any directive or decision given by the Authority whether under this Act, regulations prescribed thereunder or under any other law which the Authority is entitled to enforce, or who fails to comply with any condition of any authorisation granted under this Act.
(2) An administrative fine imposed under subarticle (1) of this article shall not, unless provided
A 380

Power of Minister to make regulations in relation to criminal offences.

otherwise under this Act, regulations prescribed thereunder or under any other law which the Authority is entitled to enforce, exceed the indicative values (indicated in the Schedule to the regulations issued under article 28(t)) for each infringement or failure to comply.
32. Without prejudice to any other provision of this Act the Minister may, after consultation with the Authority, make regulations prescribing penalties for criminal offences against any regulations made under this Act, and such regulations may>
(a) prescribe imprisonment and different fines
(multi) for different offences<
(b) prescribe fines (multi) calculated in accordance with the duration of the commission of the offence>
Provided that any such regulations as may be made shall not provide for>
(i) imprisonment for more than eighteen months, or a fine (multa) of more than thirty thousand liri, (sixty nine thousand eight hundred eighty one euros) or
(ii) six hundred Maltese liri (one thousand three hundred ninety eight euros) for each day during which the offence persists.”.

Renumbering and amendment of article 33 of the principal Act.

10. (1) Article 33 of the principal Act shall be renumbered as article 34 thereof.
(2) In article 34 as renumbered, wherever there appears the word “Board” there shall be substituted the words “Appeals Board”.
(3) For subarticle (4) of article 34 as renumbered, there shall be substituted the following new subarticle>
“(4) In determining an appeal the Appeals Board shall take into account the merits of the appeal, and may in whole or in part, confirm annul or vary the decision appealed from, giving in writing the reasons for its decision and shall cause such decision to be made public and communicated to the parties to the appeal.”.
11. (1) Article 34 of the principal Act shall be renumbered as article 35 thereof.
(2) In the marginal note to article 35 as renumbered the word
“Board” shall be substituted by the words “Appeals Board”.
(3) In article 35 as renumbered, wherever there appears the word “Board” there shall be substituted the words “Appeals Board”,
12. (1) Article 35 of the principal Act shall be renumbered as article 36 thereof.
(2) In article 36 as renumbered, wherever there appears the word “Board” there shall be substituted the words “Appeals Board”.
13. (1) Article 36 of the principal Act shall be renumbered as article 37 thereof.
(2) In subarticle (3) of article 37 as renumbered, wherever there appear the words “article 31” there shall be substituted the words “article 32”.
14. Immediately after article 37 as renumbered of the principal
Act there shall be inserted the following new article>
A 381

Renumbering and amendment of article 34 of the principal Act.

Renumbering and amendment of article 35 of the principal Act.

Renumbering and amendment of article 36 of the principal Act.

Insertion of new article 38 to the principal Act.

“Exemption from liability.

38. The members, officers and employees of the Authority in the performance of their functions under this Act or any other law administered by the Authority, shall not be liable for any loss or damage suffered by any person by reason of anything done or omitted to be done in good faith in the course of the administration of this Act or of any other law.”.
15. In the Second Schedule to the principal Act, for the words
“article 36” there shall be substituted the words “article 37”.

Amendment of the Second Schedule to the principal Act.

A 382
Passed by the House of Representatives at Sitting No. 552 of 17th July, 2007.
ANTON TABONE

Speaker

RICHARD J. CAUCHI

Clerk to the House of Representatives

Ippubblikat mid-Dipartiment ta’ l-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta

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

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