  UTILITIES AND SERVICES (REGULATION OF CERTAIN WORKS)  [ CAP. 81.           1
CHAPTER 81
Substituted by:
XXIII.2000.30.
UTILITIES AND SERVICES (REGULATION OF 
CERTAIN WORKS) ACT
To regulate certain works in connection with utilities and other services.
7th August, 1934
ORDINANCE XXIII of 1934, as amended by Ordinance XLV of 1935;
Government Notice No. 296 of 1939; Ordinance XX of 1961; Legal Notice
4 of 1963; Acts: XXIV of 1963, XXIV of 1966, XVI of 1975; Legal Notice
148 of 1975; and Acts: XI of 1977, XIII of 1983, XII of 1991, XXXIII of
1997 and XXIII of 2000.
Title.
Substituted by:
XXIII.2000.30.
l. The title of this Act is Utilities And Services (Regulation
of Certain Works) Act.
Interpretation. 
Amended by: 
XLV.1935.2. 
See Govt. Notice 
No. 296 of the 3rd 
July, 1939. 
XX. 1961.17; 
L.N. 4 of 1963; 
XXIV.1963.45; 
XXIV. 1966.14; 
XVI.1975.50; 
XII.1991.42;
XXXIII.1997.44.
Substituted by:
XXIII.2000.30.
2. In this Act -
"electrical power and telecommunication systems" includes any
electrical power or communication line or instrument used for the
supply of power or for telecommunications;
"Minister" means, except for the purposes of article 11, the
Minister responsible for energy or the Minister responsible for
telecommunications as the case may be;
"owner" includes occupier and user;
"Regulator", in relation to a public utility or service, means -
( a ) in the case of works in connection with the supply of
energy, the person or authority designated as such
Regulator by the Minister;
Cap. 399.
( b ) in the case of works in connection with any
telecommunication service, the Regulator designated
as such under the Telecommunications (Regulation)
Act, or any other person as may from time to time be
designated under the same Act as the competent
authority to regulate telecommunications;
( c ) in the case of works in connection with any other
services, the person or authority designated by the
Minister as Regulator in relation to any such service or
group of services;
"telecommunications" shall have the meaning given to it in the
Telecommunications (Regulation) Act;
"telecommunication service" shall have the meaning given to it
in the Telecommunications (Regulation) Act;
"tenement" means any tenement and includes any road, path,
building, or water.
Object of this Act.
Substituted by:
XXIII.2000.30.
3. The electrical power and telecommunication systems in
Malta and any other service for which a Regulator is designated
under this Act shall be regulated by the provisions of this Act.
  2        CAP. 81. ]   UTILITIES AND SERVICES (REGULATION OF CERTAIN WORKS) 
Power of the Malta 
Transport 
Authority. 
Amended by: 
L.N. 4 of 1963; 
XI. 1977.2.
Substituted by:
XXIII.2000.30.
4. (1) For the purposes of this Act, it shall be lawful for the
Malta Transport Authority to order that cables and wires be placed
or other works be carried out either below, above or by the side of
any tenement and that trenches, pits, poles, stays, brackets and all
other accessories essential to the proper working of the electrical
power and telecommunication systems be cut, placed, erected in or
affixed to any tenement; and any such order shall be notified to the
owner of the said tenement at least ten days prior to the carrying
out of any of the works aforesaid.
(2) The Malta Transport Authority may also order the
collocation or the use of the same facilities in relation to any
cables, wires or other accessories used or to be used for the
provision of any telecommunication service or any other any
utilities or services by a provider of such telecommunication
service or other utilities or services in any trenches, pits, ducts or
on any poles, stays or brackets, cut, placed, erected or affixed by
another provider of a telecommunication service or of other
utilities or services; and any such order shall be notified to the
provider who shall have erected or affixed the facilities to be the
subject of collocation or to be so used, at least ten days prior to the
carrying out of any of the works aforesaid.
(3) An order made under subarticle (1) or (2) shall have effect
immediately on the lapse of the tenth day following its notification;
and the recipient of the order shall thereupon fully, immediately
and properly implement the same or allow the full, immediate and
proper implementation thereof, and shall refrain from causing or
continuing to cause any impediment or hindrance to the said
implementation:
Provided that an order made under subarticle (2) shall not
have effect and the recipient thereof shall not be bound to
implement it or to allow it to be implemented if such
implementation will necessitate the physical removal of existing
facilities belonging to or used by the recipient of the order:
Provided further that the implementation of an order made
under subarticle (2) shall not be impeded, restricted or delayed by
reason of any claim for charges made by the recipient of the order
pursuant to subarticle (4).
(4) The recipient of an order made under subarticle (2) shall be
allowed to charge for the collocation in or the use of the facilities
affixed or erected by it at rates which are based on reasonable
relevant costs. Charges for collocation or use of the same facilities
shall be cost-oriented and shall not include charges for overheads
such as marketing, personnel or maintenance costs, other than those
directly incurred on the facilities used.
(5)  The recipient of an order made under subarticle (2) shall
submit its charges to the provided collocating or making use of the
facilities affixed or erected by the said recipient within thirty days
of commencement of collocation or use as aforesaid. If the provider
  UTILITIES AND SERVICES (REGULATION OF CERTAIN WORKS)  [ CAP. 81.           3
collocating or making such use disagrees with such charges it may,
within thirty days of receipt of the same, refer the matter to the
Regulator.
Cap. 399.
(6) Upon receipt of any reference as aforesaid, the Regulator
shall notify the parties concerned that the matter is under
investigation, allowing them a reasonable time within which to
produce relevant information and evidence and make
representations. The Regulator shall, after examining the facts and
representations placed before him and such other information as he
may require, determine the charges due to the recipient of an order
made under subarticle (2). Where either the said recipient or the
person collocating or using the facilities affixed or erected by the
said recipient is, or both such recipient or person are, a provider or
providers of a telecommunication service, either party may appeal
to the Telecommunications Appeal Board, established by the said
Telecommunications (Regulation) Act, against any decision of the
Regulator determining the charges due to the said recipient.
(7)  The Regulator may, upon application by the recipient of an
order made under subarticle (2) order the person allowed to
collocate or to make use of the facilities affixed or erected by the
said recipient to provide security for the payment of charges due
hereunder in respect of such collocation or use in an amount and in
such form as may be determined by the Regulator.
(8) At any time when the members of the Malta Transport
Authority are not appointed, the powers of the Authority under this
article shall be exercisable by the Minister responsible for
transport. 
Cap. 16.
(9) For the purpose of inspecting, testing or maintaining in good
state of repair any work carried out under this article, the
provisions of article 471 of the Civil Code shall apply.
Compensation. 
Amended by: 
L.N.148 of 1975;
XXIII. 2000.30.
5. Where the works contemplated in the last preceding article
cause damage to a tenement or cause annoyance to the owner of the
tenement, the owner may, within three months from the completion
of the said works, apply to the Court of Appeal praying for the
determination of the compensation which may be due in respect of
such damage or annoyance:
Cases in which no 
compensation is 
due.
Provided that - 
( a ) no damage or annoyance entitling the owner to
compensation shall be considered to arise from the fact
that a cable, wire or other essential accessory has been
placed, erected or affixed either below, above or by the
side of any tenement, if such cable, wire or other
accessory does not cause any inconvenience, or if such
cable, wire or other accessory is run over a tenement at
a height of not less than four and a half metres from
the surface thereof, or, in the case of a building, at a
height of not less than three metres from the level of
the roof thereof;
( b ) no claim for compensation shall be deemed to arise
  4        CAP. 81. ]   UTILITIES AND SERVICES (REGULATION OF CERTAIN WORKS) 
from the mere fact that a cable or wire passes in close
proximity to or is supported by a bracket affixed to the
wall of a building, or that a pole or stay is fixed to the
upper part of such wall for the purpose of attaching
thereto a cable or wire at the requisite height, if, in
either case, the said cable or wire does not cause a
noise which may be distinctly heard inside the
building when the doors and windows are open, or
other inconvenience;
( c ) no claim for compensation shall be deemed to arise
from the mere fact that one or more poles or other
supports are erected in any tenement, or in any field or
site, so long as the distance between the poles or
supports is not less than thirty-six and a half metres,
and no pole or support occupies more than one
hundred and sixty square centimetres of ground.
Where owner of 
tenement may ask 
for diversion of 
proposed route.  
Amended by: 
L.N. 148 of 1975;
XXIII. 2000.30.
6. (1) The owner of any tenement affected by an order made
under article 4 may, within the period of eight days from the date of
the said order, apply to the regulator concerned requesting that the
route of the proposed cable or wire be diverted in such a way as to
obviate the necessity of cutting, placing, erecting or affixing any
trench, cable, wire, pole, stay, bracket or other essential accessory,
in, over or upon the said tenement.
(2) Such a request shall be granted provided - 
( a ) the route, if diverted, will function with equal
efficiency as the proposed route, and will not be more
liable to damage from any cause whatsoever; and
( b ) the diversion of the proposed route will not interfere
with other property or give rise to a claim for
compensation under article 5; and
( c ) the diversion of the proposed route will not entail a
greater expense to the regulator concerned either for
its original construction or its subsequent repair and
maintenance.
(3) Any person who deems himself aggrieved by the decision
of the regulator may, by an application, appeal therefrom to the
Court of Appeal.
Where owner of 
tenement may ask 
for removal of 
cable, etc.
Amended by:
XXIII.2000.30.
7. The owner of a tenement in, over or upon which there is
any cable, wire, pole, stay, bracket or other essential accessory,
upon a declaration on oath before a magistrate that he intends to
make alterations in the tenement and that such alterations cannot be
effected unless the cable, wire, pole, stay, bracket or other essential
accessory be temporarily or permanently removed or unless the
position of such cable, wire, pole, stay, bracket or other essential
accessory be changed, may require that such work be temporarily
or permanently removed or that the position of such work be
changed, notwithstanding that the owner had given his consent for
the execution of the work or had received compensation in terms of
this Act:
  UTILITIES AND SERVICES (REGULATION OF CERTAIN WORKS)  [ CAP. 81.           5
Provided that the owner shall in all cases give three months
notice of his intention to effect the alterations aforesaid: 
Provided also that the owner who makes the request shall
refund any compensation which he may have received.
Works carried out 
before 
commencement of 
Act. 
Amended by:
XXIII.2000.30.
8. Every work carried out before the commencement of this
Act in, over or upon any tenement in connection with the fixed
electrical power and telegraphic communication systems without
any protest on the part of the owner of the tenement shall be
deemed to have been so carried out with the consent of the owner
and shall not entitle the owner of the tenement to any
compensation, notwithstanding that the provisions of this Act shall
not have been observed.
Penalty for 
obstruction. 
Amended by: 
XIII. 1983.5;
XXIII.2000.30.
9. Whosoever resists or obstructs any person authorized to
enter any tenement in connection with the execution of his duties
under this Act, shall be liable, on conviction, to a fine ( multa ) not
exceeding one hundred liri or to imprisonment for a term not
exceeding one month or to both such fine and imprisonment.
Penalty for causing 
wilful damage to 
works. 
Amended by: 
XIII. 1983.5;
Amended by:
XXIII.2000.30.
10. Any person who wilfully interferes with or causes damage
of any works connected with the fixed electrical power and
telegraphic communication systems in Malta, shall be liable to a
fine ( multa ) not exceeding one hundred liri or to imprisonment for
a term not exceeding three months or to both such fine and
imprisonment:
Provided that nothing in this Act shall prevent a
prosecution under any other law, but so that a person shall not be
punished twice for the same offence.
Power of Minister 
to make 
regulations. 
Amended by: 
L.N. 4 of 1963; 
XI.1977.2;
XXIII.2000.30.
11. The Minister responsible for transport on the advice of the
Malta Transport Authority may make and, when made, vary or
revoke regulations providing for the manner in which any trench,
pit, pole, stay, bracket or other essential accessory in connection
with the fixed electrical power and telegraphic communication
systems in Malta shall be cut, placed, erected or fixed, and
generally for the proper working of such systems and for carrying
this Act into effect.
Penalty for 
contravention of 
regulations. 
Amended by: 
XIII. 1983.5;
XXIII.2000.30.
12. Any person who acts in contravention of, or fails to comply
with any regulation made under this Act shall be liable to a fine
( multa ) not exceeding twenty liri.
Power to charge 
fees.
Added by:
XXIII. 2000.30.
13. Where cables or wires are placed or other works are carried
out below, above or by the side of any road, it shall be lawful for
the Malta Transport Authority to charge such fees for any land
which under any law is vested in the Malta Transport Authority and
which is affected or occupied by such works, as may be determined
from time to time by regulations made by the Minister in
accordance with article 11.
