MALTA RESOURCES AUTHORITY ġ CAP. 423.  1
CHAPTER 423
MALTA RESOURCES AUTHORITY ACT
AN ACT to provide for the establishment of an Authority to be known as
the Malta Resources Authority and for the exercise by or on behalf of that
Authority of regulatory functions regarding resources relating to water,
energy and mineral resources, and to make provision with respect to
matters ancillary thereto or connected therewith.
2nd February, 2001
ACT XXV of 2000.
P A R T  I - P R E L I M I N A R Y
Short title.
Act.
Interpretation. 
"advisory committee" or "committee" means an advisory
committee established in accordance with article 25;
"Authority" means the Malta Resources Authority established by
article 3;
"Chairman" means Chairman of the Authority and includes, in
the circumstances mentioned in article 3(3), the Deputy Chairman
or other person appointed to act as Chairman:
Provided that, in relation to article 25, "Chairman" means
the Chairman of an advisory committee; 
"Chief Executive" means the Chief Executive appointed under
article 5;
"contractor" means a person acting in pursuance of an agreement
entered into with the Authority or in accordance with article 5(5);
"Directorates" means such directorates as are or may be
established under article 5;
"distribution" in relation to electrical energy, means the transport
of electricity on the medium - voltage and low - voltage
distribution systems with a view to its delivery to customers;
"electrical energy" means electrical energy when generated,
transmitted, distributed, supplied or used for any purpose except
the transmission of any communication or signal;
"employee" means a person employed by the Authority;
"energy" includes electrical energy, fuels, heat when transmitted
as a commercial activity, and energy derived from renewable
sources; 
"fuel" includes coal, all hydrocarbons or hydrocarbon derivatives
normally used as fuels, including crude oil, fuels based on
hydrocarbons or coal, gaseous fuel, petroleum substitutes in liquid
form, liquids or gases produced from fermentation or similar
2 ġ CAP. 423. MALTA RESOURCES AUTHORITY
processes when intended for use as fuels, fuels produced from solid
waste; but does not include petroleum for the purposes of the
Petroleum (Production) Act;
"financial year" means any period of twelve months ending on
the 30th September:
Provided that the first financial year of the Authority shall
begin with the coming into force of this Act and shall end on the
30th September of the next following year;
"gas" means all hydrocarbons in gaseous form whether in their
natural state or obtained from petroleum or produced chemically;
"mineral resources" means any mineral, rock or sediment
constituted of organic or inorganic compounds or substances
extracted, mined or otherwise derived from the earth, including the
seabed and the subsoil thereof, but does not include water;
"Minister" means the Minister responsible for resources;
Cap. 156.
"petroleum" means all natural hydrocarbons whether in liquid or
gaseous form, including crude oil, and whether in a crude or natural
state or in a processed or refined form and when used in relation to
petroleum exploration and production it shall have the same
meaning as is assigned to it by article 2 of the Petroleum
(Production) Act;
"public officer" in relation to article 11, has the same meaning
assigned to it by article 124 of the Constitution but does not include
a judge of the Superior Courts or a magistrate of the Inferior
Courts;
"resources" means the resources relating to water, energy and
mineral resources regulated by or under this Act;
"transmission" in relation to electrical energy, means the
transport of electricity on the high-voltage interconnected system
with a view to its delivery to final customers or distributors;
"water" when used in relation to any practice, operation or
activity which is regulated by this Act shall include drainage and
sewage services, but shall not include bottled table water.
P A R T  II - E S T A B L I S H M E N T , F U N C T I O N S   A N D  C O N D U C T   O F  A F F A I R S  
O F   T H E  A U T H O R I T Y
Establishment and 
composition of the 
Malta Resources 
Authority.
3. (1) There shall be a body, to be known as the Malta
Resources Authority, which shall consist of a Chairman and not
less than four and not more than six other members.
(2) The members of the Authority shall be appointed by the
Minister for a term of one year or for such longer period as may be
specified in the instrument of appointment subject to a maximum of
three years but the members so appointed may be re-appointed on
the expiration of their term of office.
(3) The Minister may designate one of the other members of
the Authority as Deputy Chairman and the member so designated
shall have all the powers and perform all the functions of the
Chairman during his absence or inability to act as Chairman or
MALTA RESOURCES AUTHORITY ġ CAP. 423.  3
while the Chairman is on vacation or during any vacancy in the
office of chairman; and the Minister may also, in any of the
circumstances aforesaid, appoint another person to act as chairman
and in such case the foregoing provisions shall apply in respect of
such person.
(4) A person shall not be qualified to hold office as a member
of the Authority if he - 
( a ) is a Minister, Parliamentary Secretary or a member of
the House of Representatives;
( b ) is a judge or magistrate of the courts of justice; or
( c ) has a financial or other interest in any enterprise or
activity which is likely to affect the discharge of his
functions as a member of the Authority:
Provided that the Minister may waive the
disqualification of a person under this paragraph if
such person declares the interest and such declaration
and waiver are published in the Gazette.
(5) Subject to the provisions of this article, the office of a
member of the Authority shall become vacant - 
( a ) at the expiration of his term of office; or
( b ) if any circumstances arise that, if he were not a
member of the Authority, would cause him to be
disqualified for appointment as such.
(6) A member of the Authority may be removed from office by
the Minister if, in the opinion of the Minister, such member is unfit
to continue in office or has become incapable of properly
performing his duties as a member.
(7) If a member resigns or if the office of a member of the
Authority is otherwise vacant or if a member is for any reason
unable to perform the functions of his office, the Minister may
appoint a person who is qualified to be appointed to be a member to
be a temporary member of the Authority; and any person so
appointed shall, subject to the provisions of subarticles (5) and (6)
of this article, cease to be such a member when a person has been
appointed to fill the vacancy or, as the case may be, when the
member who was unable to perform the functions of his office
resumes those functions.
(8) Any member of the Authority who has any direct or
indirect interest in any contract made or proposed to be made by the
Authority, not being an interest which disqualifies such member
from remaining a member, shall disclose the nature of his interest
at the first meeting of the Authority after the relevant facts have
come to his knowledge, such disclosure shall then be recorded in
the minutes of the Authority, and the member having an interest as
aforesaid shall withdraw from any meeting at which such contract
is discussed. Any such disclosure shall be communicated to the
Minister without delay. Where the interest of the member is such as
to disqualify him from remaining a member, he shall report the fact
immediately to the Minister and tender his resignation.
4 ġ CAP. 423. MALTA RESOURCES AUTHORITY
Functions of the 
Authority.
4. (1) The Authority shall have the following functions:-
( a ) to regulate, monitor and keep under review all
practices, operations and activities relating to energy,
water and mineral resources;
( b ) to grant any licence, permit or other authorisation, for
the carrying out of any operation or activity relating to
energy, water and mineral resources;
( c ) to regulate and secure interconnectivity for the
production, transmission and distribution of the
services or products regulated by or under this Act;
( d ) to ensure fair competition in all such practices,
operations and activities;
( e ) to establish minimum quality and security standards
for any of the said practices, operations and activities
and to regulate such measures as may be necessary to
ensure public and private safety;
( f ) to secure and regulate the development and
maintenance of efficient systems in order to satisfy, as
economically as possible, all reasonable demands for
the provision of the resources regulated by or under
this Act;
( g ) to carry out studies, research or investigation on any
matter relating to the resources regulated by or under
this Act;
( h ) to provide information and issue guidelines to the
public and to commercial and other entities on matters
relating to the said resources;
( i ) to regulate the price structure for any activity
regulated by this Act and where appropriate to
establish the mechanisms whereby the price to be
charged for the acquisition, production, manufacture,
sale, storage and distribution thereof is determined;
( j ) to establish the minimum qualifications to be
possessed by any person who is engaged or employed
in any activity regulated by or under this Act;
( k ) to establish measures for the protection of the
environment in the practices, operations and activities
regulated by or under this Act;
( l ) to ensure that international obligations entered into by
the Government relative to the matters regulated by or
under this Act are complied with;
( m ) to advise the Minister on the formulation of policy in
relation to matters regulated by this Act, and in
particular in relation to such international obligations;
( n ) otherwise to advise the Minister on any matter
connected with its functions under this Act;
( o ) to formulate and implement the policies and strategies
with short-term and long-term objectives, in relation to
the activities regulated by this Act;
MALTA RESOURCES AUTHORITY ġ CAP. 423.  5
( p ) to perform such other functions as may from time to
time be assigned to it by the Minister.
(2) The Authority shall also:-
( a ) in relation to energy - 
(i) promote, encourage and regulate the harnessing,
generation and use of all forms of energy; and
(ii) encourage the use of alternative sources of
energy and for such purpose in accordance with
such regulations as may be prescribed, to impose
levies on energy produced by non renewable
sources and grant subsidies in connection with
the production of energy from renewable
sources;
( b ) in relation to water - 
(i) secure and regulate the acquisition, production,
storage, distribution or other disposal of water
for domestic, commercial, industrial or other
purposes;
(ii) secure and regulate the conservation,
augmentation and operation of water resources
and the sources of water supply;
(iii) secure and regulate the treatment, storage,
disposal, use or re-use, as appropriate, of
sewage, waste water, sludge and storm water
run-off;
(iv) secure and regulate the provision of adequate
systems of public sewers and to ascertain their
cleanliness, safety and efficiency;
(v) ensure the safe discharge, reception, treatment
and disposal of trade effluent;
(vi) encourage and regulate the re-use of treated
effluent;
(vii) ensure the proper and fit disposal of waste water
sewage;
(viii) maximise the use of storm water run-off;
( c ) in relation to mineral extraction - 
Cap. 156.
Cap. 194.
(i) carry out such functions as may be authorised by
the Prime Minister in terms and for the purposes
of the Petroleum (Production) Act and the
Continental Shelf Act;
(ii) subject to the provisions of sub-paragraphs (i) of
this paragraph, regulate all matters relating to
petroleum extraction;
(iii) subject to the provisions of sub-paragraphs (i)
and (ii) of this paragraph regulate all matters
relating to the extraction of mineral resources;
(iv) ensure the optimum utilisation of mineral
resources and regulate the quality and quantity
of minerals extracted;
6 ġ CAP. 423. MALTA RESOURCES AUTHORITY
( d ) in relation to petroleum -
(i) secure that adequate provision and reserve
stocks of petroleum and gas is available at all
times;
Cap. 381.
(ii) regulate the distribution, sale, exportation or
disposal in any other manner of fuels supplied
for bunkering; for the purposes of this paragraph
"bunkering" and "fuel" shall have the same
meaning assigned to them by article 2 of the
Bunkering (Fuels) Tax Act.
(3) The provisions of this article shall be without prejudice to
the exercise of the functions of any authority established by or
under any law in relation to public health, the environment or any
other matter falling within the functions of any such authority.
Conduct of the 
affairs of the 
Authority.
5. (1) Subject to the other provisions of this Act the affairs
and business of the Authority shall be the responsibility of the
Authority itself but save as aforesaid, the executive conduct of the
Authority, its administration and organisation and the
administrative control of its officers and employees, shall be the
responsibility of the Chief Executive of the Authority, who shall
also have such other powers as may from time to time be delegated
to him by the Authority.
(2) There shall be established the Directorates as listed in the
First Schedule to this Act, which shall have the responsibilities as
described therein. The Minister may, after consulting the
Authority, by Order in the Gazette, abolish any one or more of the
said Directorates vary their responsibilities and establish such other
Directorate as he may from time to time deem appropriate.
(3) The Authority shall exercise its functions through the
Directorates so established and for such purpose it shall vest in
each of the Directorates so established and subject to the overall
supervision and control of the Chief Executive, such of its
functions as relate or are ancillary to the matters for which it is
responsible so as to enable the said Directorate to give effect to the
policies of the Authority and to otherwise discharge effectively and
efficiently the functions of the Authority in its respective area of
operation.
(4) Each of the Directorates so established shall be headed by
an individual who shall either be a public officer detailed for duty
with the Authority or an employee of the Authority or a person
detailed to work for the Authority in accordance with an agreement
made between the Authority and a public or private undertaking, in
either case having adequate experience or knowledge in the
respective area of operation.
(5) The Authority and each of the Directorates may exercise
any one or more of their functions either directly or through any of
their officers or employees or through an agency authorised for the
purpose, or through a contractor or other person with whom an
agreement for the performance of any one or more of such
functions has been entered into:
MALTA RESOURCES AUTHORITY ġ CAP. 423.  7
Provided that nothing in this subarticle shall authorise the
Authority to contract out any of its regulatory or licensing
functions.
(6) Where in this Act anything is to be done by or against or
with respect to the Authority, or any notice is to be or may be given
to the Authority, any such thing or notice may also be done by or
against or with respect to or be given to the Directorate under
whose jurisdiction the matter falls by reason of a delegation of
function to such Directorate; and for the purposes aforesaid any
reference in this Act to the Authority includes a reference to the
appropriate Directorate.
(7) The Chief Executive and the heads of the Directorates shall
be appointed by the Authority following consultation with the
Minister for a period of three years and such period may be
extended for further periods of three years each:
Provided that the first Chief Executive and the first head of
each Directorate shall be appointed by the Minister.
(8) The Chief Executive shall attend all the meetings of the
Board but shall not vote at such meetings:
Provided that the Authority may if it so deems fit require
the Chief Executive not to attend any of the meetings or any part of
a meeting.
(9) The Chief Executive shall be responsible for the
implementation of the objectives of the Authority in the exercise of
its functions and without prejudice to the generality of the
foregoing he shall -
( a ) assume full responsibility for the overall supervision
and control of the Directorates;
( b ) assign to each Directorate such duties which are by, or
in accordance with, the provisions of this Act vested in
such Directorate;
( c ) co-ordinate the workings of the Directorates;
( d ) develop the necessary strategies for the
implementation of the objectives of the Authority;
( e ) advise the Authority on any matter it may refer to him
or on any matter which he considers necessary or
expedient; and
( f ) such other duties as the Authority may assign to him
from time to time.
Relations between 
the Minister and 
the Authority.
6. (1) The Minister may, in relation to matters that appear to
him to affect the public interest, from time to time give to the
Authority directions in writing of a general character, not
inconsistent with the provisions of this Act, on the policy to be
followed in the carrying out of the functions vested in the Authority
by or under this Act, and the Authority shall, as soon as may be,
give effect to all such directions.
(2) The Authority shall afford to the Minister facilities for
obtaining information with respect to its property and activities and
8 ġ CAP. 423. MALTA RESOURCES AUTHORITY
furnish him with returns, accounts and other information with
respect thereto, and afford to him facilities for the verification of
information furnished, in such manner and at such times as he may
reasonably require.
(3) If the Authority fails to comply with any directions issued
under this article, the Prime Minister may make an order
transferring to the Minister in whole or in part any of the functions
of the Authority.
Legal personality 
and representation 
of the Authority.
7. (1) The Authority shall be a body corporate having a
distinct legal personality and shall be capable, subject to the
provisions of this Act, of entering into contracts, of acquiring,
holding and disposing of any kind of property for the purposes of
its functions, or suing and being sued, and of doing all such things
and entering into all such transactions as are incidental or
conducive to the exercise or performance of its functions under this
Act, including the lending or borrowing of money.
(2) The legal representation of the Authority shall jointly vest
in the Chairman and the Chief Executive:
Provided that the Authority may appoint any one or more
of its members or of the officers or employees of the Authority to
appear in the name and on behalf of the Authority in any judicial
proceedings and in any act, contract, instrument or other document
whatsoever:
Provided further that in respect of any matter falling within
the functions vested in a Directorate, the legal and judicial
representation of the Authority shall also vest in the head of the
Directorate or in such other member, officer or employee of the
Authority, as the Authority may appoint or authorise for the
purpose.
(3) Any document purporting to be an instrument made or
issued by the Authority and signed by the Chairman or by the Chief
Executive or by a head of a Directorate in relation to any matter
vested in the relative Directorate by the Authority shall be received
in evidence and shall, until the contrary is proved, be deemed to be
an instrument made or issued by the Authority.
Provisions with 
respect to 
proceedings of the 
Authority.
8. (1) The meetings of the Authority shall be called by the
Chairman as often as may be necessary but at least once a month
either on his own initiative or at the request of any two of the other
members.
(2) Half the number of members for the time being
constituting the Authority shall form a quorum. Decisions shall be
adopted by a simple majority of the votes of the members present
and voting. The Chairman, or in his absence the Deputy Chairman
or other person appointed to act as chairman, shall have an initial
vote and in the event of an equality of votes, a casting vote.
Without prejudice to the other requirements of this Act, no decision
shall be valid which is not supported by at least two members of the
Authority.
(3) Subject to the provisions of this Act the Authority may
regulate its own procedure.
MALTA RESOURCES AUTHORITY ġ CAP. 423.  9
(4) Subject to the foregoing provisions of this article, no act or
proceeding of the Authority shall be invalidated merely by reason
of the existence of any vacancy among the members.
(5) All acts done by any person acting in good faith, as a
member of the Authority shall be valid as if he were a member
notwithstanding that some defect in his appointment or
qualification be afterwards discovered. No act or proceeding of the
Authority shall be questioned on the ground of the contravention,
by a member, of the provisions of article 3(8).
P A R T  III - O F F I C E R S   A N D  E M P L O Y E E S   O F   T H E  A U T H O R I T Y
Staff 
appointments.
9. Without prejudice to the other provisions of this Act, the
appointment of officers and other employees of the Authority shall
be made by the Authority. The terms and conditions of employment
shall be established by the Authority with the concurrence of the
Minister.
Appointment and 
functions of 
officers and 
employees of the 
Authority.
10. The Authority shall appoint and employ, at such
remuneration and upon such time terms and conditions as it may, in
accordance with article 9 determine, such officers and employees
of the Authority as may from time to time be necessary for the due
and efficient discharge of the functions of the Authority.
Detailing of public 
officers for duty 
with the Authority.
11. (1) The Prime Minister may, at the request of the
Authority, from time to time direct that any public officer shall be
detailed for duty with the Authority in such capacity and with
effect  from  such  date  as  may  be  specified  in  the  Prime  Minister’s  direction.
(2) The period during which a direction as aforesaid shall
apply to any officer specified therein, shall, unless the officer
retires from the public service, or otherwise ceases to hold office at
an earlier date, or unless a different date is specified in such
direction, cease to have effect after one year from the effective date
of such direction unless the direction is revoked earlier by the
Prime Minister.
Status of public 
officers detailed 
for duty with the 
Authority.
12. (1) Where any officer is detailed for duty with the
Authority under any of the provisions of article 11, such officer
shall, during the time in which such direction has effect in relation
to him, be under the administrative authority and control of the
Authority but he shall for other intents and purposes remain and be
considered and treated as a public officer.
(2) Without prejudice to the generality of the foregoing, an
officer detailed for duty as aforesaid -
( a ) shall not during the time in respect of which he is so
detailed -
(i) be precluded from applying for a transfer to a
department of the Government in accordance
with the terms and conditions of service attached
to the appointment under the Government held
by him at a date on which he is so detailed for
duty; or
(ii) be so employed that his remuneration and
conditions of service are less favourable than
10 ġ CAP. 423. MALTA RESOURCES AUTHORITY
those which are attached to the appointment
under the Government held by him at the date
aforesaid or which would have become attached
to such appointment, during the said period, had
such officer not been detailed for duty with the
Authority; and
Cap. 93.
Cap. 58.
( b ) shall be entitled to have his service with the Authority
considered as service with the Government for the
purposes of any pension, gratuity, or benefit under the
Pensions Ordinance and the Widows’ and Orphans’
Pensions Act and of any other right or privilege to
which he would be entitled, and liable to any liability
to which he would be liable, but for the fact of his
being detailed for duty with the Authority.
(3) Where an application is made as provided in subarticle
(2)( a )(i) of this article the same consideration shall be given thereto
as if the applicant had not been detailed for service with the
Authority.
(4) The Authority shall pay to the Government such
contributions as may from time to time be determined by the
Minister responsible for finance in respect of the cost of pensions
and gratuities earned by an officer detailed for duty with the
Authority as aforesaid during the period in which he is so detailed. 
Offer of permanent 
employment with 
the Authority to 
public officers 
detailed for duty 
with the Authority.
13. (1) The Authority may, with the approval of the Prime
Minister, offer to any officer detailed for duty with the Authority
under any of the provisions of article 11 permanent employment
with the Authority at a remuneration and on terms and conditions
not less favourable than those enjoyed by such officer at the date of
such offer.
(2) The terms and conditions comprised in any offer made as
aforesaid shall not be deemed to be less favourable merely because
they are not in all respects identical with or superior to those
enjoyed by the officer concerned at the date of such offer, if such
terms and conditions, taken as a whole, in the opinion of the Prime
Minister offer substantially equivalent or greater benefits.
Cap. 93.
Cap. 58.
(3) Every officer who accepts permanent employment with the
Authority offered to him, under the provisions of subarticle (1) of
this article shall for all purposes other than those of the Pensions
Ordinance and of the Widows’ and Orphans’ Pensions Act, and
saving the provisions of subarticle (6) of this article, be deemed to
have ceased to be in service with the Government and to have
entered into service with the Authority on the date of his
acceptance, and for the purposes of the said Ordinance and of the
said Act, so far as applicable to him, service with the Authority
shall be deemed to be service with the Government within the
meanings thereof respectively.
(4) Every such officer as aforesaid who, immediately before
accepting permanent employment with the Authority was entitled
to benefit under the Widows’ and Orphans’ Pensions Act, shall
continue to be so entitled to benefit thereunder to all intents as if
his service with the Authority were service with the Government.
MALTA RESOURCES AUTHORITY ġ CAP. 423.  11
(5) The Authority shall pay to the Government such
contributions as may from time to time be determined by the
Minister responsible for finance in respect of the cost of pensions
and gratuities earned by an officer who has accepted performance
employment with the Authority as aforesaid during the period
commencing on the date of such officer’s acceptance.
(6) For the purposes of the Pensions Ordinance the
pensionable emoluments of such public officer on retirement shall
be deemed to be the pensionable emoluments payable to an officer
in Government service in a grade and at an incremental level
corresponding to the post and incremental level at which the officer
retires from the Authority.
(7) ( a ) For the purposes of this article posts and salary grades
with the Authority shall be classified in the most
nearly corresponding grades and incremental levels in
the service under the Government of Malta by
reference to job description, skills, responsibilities and
other analogous factors.
( b ) The classification referred to in paragraph ( a ) of this
subarticle shall be carried out by a board composed of
a chairman appointed by the Ministry responsible for
finance and two other members, one appointed by the
Ministry responsible centrally for personnel policies in
the public service and one appointed by the Authority.
The classification shall be subject to the final approval
of the Minister responsible for finance.
( c ) Such classification shall take place within three
months of any adjustment of salaries of employees in
Government service and, or, of employees of the
Authority.
( d ) No post shall be classified in a grade higher than that
of a Grade 3 in the service of the Government or such
other grade that the Minister responsible for finance
may from time to time by notice in the Gazette
determine.
( e ) Without prejudice to article 113 of the Constitution, no
person may, following a classification as aforesaid, be
entitled to rights under the said Pensions Ordinance
less favourable than those to which he would have
been entitled prior to such classification.
P A R T  IV - F I N A N C I A L  P R O V I S I O N S
Authority to meet 
expenditure out of 
revenue.
14. (1) Without prejudice to the following provisions of this
article, the Authority shall so conduct its affairs that so much of the
expenditure required for the proper performance of its functions
shall, as far as possible, be met out of its revenue.
(2) For such purpose the Authority shall levy all fees, rates and
other payments prescribed or deemed to be prescribed by or under
this Act or any other law related to the powers and functions of the
Authority.
12 ġ CAP. 423. MALTA RESOURCES AUTHORITY
(3) The Authority shall also be paid by Government out of the
Consolidated Fund such sums as Parliament may from time to time
authorise to be appropriated to meet any of its expenditure that
cannot be met out of its revenue and the costs of specified works to
be continued or otherwise carried out by the Authority, being works
of infrastructure or a similar capital nature.
(4) Any excess of revenue over expenditure shall, subject to
such directives as the Minister, after consultation with the Minister
responsible for finance, may from time to time give, be applied by
the Authority to the formation of reserve funds to be used for the
purposes of the Authority; and without prejudice to the generality
of the powers given to the Minister by this subarticle, any direction
given by the Minister as aforesaid may order the transfer to the
Government, or the application in such manner as may be specified
in the direction, of any part of the fees, rates and other payments
levied in accordance with subarticle (2) of this article or any such
excess as aforesaid.
(5) Any funds of the Authority not immediately required to
meet expenditure may be invested in such manner as may from time
to time be approved by the Minister.
Power to borrow or 
raise capital.
15. (1) For the purpose of carrying out any of its functions
under this Act, the Authority may, with the approval in writing of
the Minister given after consultation with the Minister responsible
for finance, borrow or raise money in such manner, from such
person, body or authority, and under such terms and conditions as
the Minister, after consultation as aforesaid, may in writing
approve.
(2) The Authority may also, from time to time, borrow, by way
of overdraft or otherwise, such sums as it may require for carrying
out its functions under this Act:
Provided that for any amount in excess of fifty thousand
liri, there shall be required the approval of the Minister in writing.
Advances from 
Government.
16. The Minister responsible for finance may, after
consultation with the Minister, make advances to the Authority of
such sums as he may agree to be required by the Authority for
carrying out any of its functions under this Act, and may make such
advances on such terms and conditions as he may, after
consultation as aforesaid, deem appropriate. Any such advance may
be made by the Minister responsible for finance out of the
Consolidated Fund, and without further appropriation other than
this Act, by warrant under his hand authorising the Accountant
General to make such advance.
Borrowing from 
Government.
17. (1) The Minister responsible for finance may, for any
requirements of the Authority of a capital nature, contract or raise
loans, or incur liabilities, for such periods and on such terms and
conditions as he may deem appropriate; and any sums due in
respect of or in connection with any such loan or liability shall be a
charge on the Consolidated Fund.
(2) Notice of any loans, liabilities or advances made or
incurred under the foregoing provisions of this article shall be
given to the House of Representatives as soon as practicable and, in
MALTA RESOURCES AUTHORITY ġ CAP. 423.  13
any case, not later than eight weeks after such loan, liability or
advance is made, or if at any time during that period the House is
not in session, within eight weeks from the beginning of the next
following session.
(3) Pending the raising of any such loan as is mentioned in
subarticle (1) of this article, or for the purpose of providing the
Authority with working capital, the Minister responsible for
finance may, by warrant under his hand, and without further
appropriation other than this Act, authorise the Accountant General
to make advances to the Authority out of the Treasury Clearance
Fund under such terms as may be specified by the Minister upon
the making thereof.
(4) The proceeds of any loan raised for the purposes of making
advances to the Authority, and any other moneys to be advanced to
the Authority under this article, shall be paid into a fund specially
established for the purpose and which shall be known as the "Malta
Resources Authority Loan Fund".
(5) Sums received by the Accountant General from the
Authority, in respect of advances made to the Authority under
subarticle (3) of this article shall be paid, as respects of amounts
received by way of repayment into the Treasury Clearance Fund
and, as respects of amounts received by way of interest into the
Consolidated Fund.
Estimates of the 
Authority.
18. (1) The Authority shall cause to be prepared in every
financial year, and shall not later than six weeks after the end of
each such year adopt, estimates of the income and expenditure of
the Authority for the next following financial year:
Provided that the estimates for the first financial year of
the Authority shall be prepared and adopted within such time as the
Minister may by notice in writing to the Authority specify.
(2) In the preparation of such estimates the Authority shall
take account of any funds and other monies that may be due to be
paid to it out of the Consolidated Fund during the relevant financial
year, whether by virtue of this Act or an appropriation Act or of any
other law; and the Authority shall so prepare the said estimates as
to ensure that the total revenues of the Authority are at least
sufficient to meet all sums properly chargeable to its revenue
account including, but without prejudice to the generality of that
expression, depreciation.
(3) The estimates shall be made out in such form and shall
contain such information and such comparison with previous years
as the Minister responsible for finance may direct.
(4) A copy of the estimates shall, upon their adoption by the
Authority, be sent forthwith by the Authority to the Minister and to
the Minister responsible for finance.
(5) The Minister shall, at the earliest opportunity and not later
than six weeks after he has received a copy of the estimates from
the Authority approve the same with or without amendment after
consultation with the Minister responsible for finance.
14 ġ CAP. 423. MALTA RESOURCES AUTHORITY
Expenditure to be 
according to 
approved 
estimates.
19. (1) No expenditure shall be made or incurred by the
Authority unless provision therefor been made in the estimates
approved as provided in article 18.
(2) Notwithstanding the provisions of subarticle (1) of this
article -
( a ) until the expiration of six months from the beginning
of a financial year, or until the approval of the
estimates for that year, whichever is the earlier date,
the Authority may make or incur expenditure for
carrying on its functions under this Act not exceeding
in the aggregate one-half of the amount approved for
the preceding financial year;
( b ) expenditure approved in respect of a head or sub-head
of the estimates may, with the approval of the Minister
given after consultation with the Minister responsible
for finance, be made or incurred in respect of another
head or sub-head of the estimates;
( c ) in respect of the first financial year, the Authority may
make or incur expenditure not exceeding in the
aggregate such amounts as the Minister responsible for
finance may, after consultation with the Minister,
allow;
( d ) if in respect of any financial year it is found that the
amount approved in the estimates is not sufficient or a
need has arisen for expenditure for a purpose not
provided for in the estimates, the Authority may adopt
supplementary estimates for approval by the Minister
and in any such case the provisions of this Act
applicable to the estimates shall as near as practicable
apply to the supplementary estimates.
Publication of 
approved 
estimates.
20. The Minister shall, at the earliest opportunity and not later
than eight weeks after he has received a copy of the estimates and
supplementary estimates of the Authority, or if at any time during
that period the House of Representatives is not in session, within
eight weeks from the beginning of the next following session, cause
such estimates to be laid on the Table of the House of
Representatives.
Accounts and 
audit.
21. (1) The Authority shall cause to be kept proper accounts
and other records in respect of its operations, and shall cause to be
prepared a statement of accounts in respect of each financial year.
(2) The accounts of the Authority shall be audited by an
auditor or auditors to be appointed by the Authority and approved
by the Minister:
Provided that the Minister responsible for finance may,
after consultation with the Minister, require the books and accounts
of the Authority to be audited or examined by the Auditor General
who shall for the purpose have the power to carry out such physical
checking and other certifications as he may deem necessary.
(3) After the end of each financial year, and not later than the
date on which the estimates of the Authority are forwarded to the
MALTA RESOURCES AUTHORITY ġ CAP. 423.  15
Minister under article 18, the Authority shall cause a copy of the
statement of account duly audited to be transmitted to the Minister
and to the Minister responsible for finance together with a copy of
any report made by the auditors on that statement or on the
accounts of the Authority.
(4) The Minister shall, at the earliest opportunity and not later
than eight weeks after he has received a copy of every such
statement and report, or if at any time during that period the House
of Representatives is not in session, within eight weeks from the
beginning of the next following session, cause every such statement
and report to be laid on the Table of the House of Representatives.
Deposit of 
revenues and 
payments by the 
Authority.
22. (1) All monies accruing to the Authority shall be paid into
a bank or banks appointed as bankers of the Authority by a
resolution of the Authority. Such monies shall, as far as
practicable, be paid into any such banks from day to day, except
such sum as the Authority may authorise to be retained to meet
petty disbursements and immediate cash payments.
(2) All payments out of the funds of the Authority, other than
petty disbursements not exceeding a sum fixed by the Authority,
shall be made by such officer or officers of the Authority as the
Authority shall appoint or designate for that purpose.
(3) Cheques against and withdrawals from any bank account of
the Authority shall be signed by such officer of the Authority as
may be appointed or designated by the Authority for that purpose
and shall be countersigned by the Chairman, or such other member
or officer of the Authority as may be authorised by the Authority
for that purpose.
(4) The Authority shall also make provision with respect to -
( a ) the manner in which and the officer or officers by
whom payments are to be authorised or approved;
( b ) the title of any account held with the bank or banks
into which the monies of the Authority are to be paid,
and the transfer of funds from one account to the other;
( c ) the method to be adopted in making payments out of
funds of the Authority;
and generally with respect to any matter which is relevant to the
proper keeping and control of the accounts and books, and the
control of the finance, of the Authority.
Contracts of supply 
of works.
23. Without prejudice to any directions communicated by the
Minister under article 6(1), the Authority shall not, except with the
approval of the Minister granted for special reasons and after
consultation with the Minister responsible for finance, award or
enter into any contract for the supply of goods or materials or for
the execution of works, or for the rendering of services, to or for
the benefit of the Authority, which is estimated by the Authority to
exceed three thousand liri or such other amount as the Minister
responsible for finance may by regulations prescribe, except after
notice of the intention of the Authority to enter into the contract has
been published and competitive tenders have been issued.
16 ġ CAP. 423. MALTA RESOURCES AUTHORITY
Annual report. 24. The Authority shall, not later than six weeks after the end
of each financial year, make and transmit to the Minister and to the
Minister responsible for finance a report dealing generally with the
activities of the Authority during that financial year and containing
such information relating to the proceedings and policy of the
Authority as either of the said Ministers may from time to time
require. The Minister shall, at the earliest opportunity and not later
than eight weeks after he has received a copy of every such report,
or if at any time during that period the House of Representatives is
not in session, within eight weeks from the beginning of the next
following session, cause a copy of every such report to be laid on
the Table of the House of Representatives.
P A R T  V - M I S C E L L A N E O U S  
Appointment and 
functions of 
advisory 
committees.
25. (1) The Minister may from time to time appoint advisory
committees in respect of such sector or sectors as he may
determine.
(2) An advisory committee shall, for the better carrying out of
the provisions of this Act, advise the Authority on such matters and
perform such other functions as the Minister may specify in the
instrument of appointment.
(3) The members of the committee shall be appointed by the
Minister and shall hold office for such period and on such terms
and conditions as the Minister may deem appropriate.
(4) Each committee shall consist of one member representing
the Authority as Chairman and such other members as the Minister
may deem fit to appoint.
(5) The provisions of paragraph of subarticle (4)( a ), article
3(5) and (8) shall  mutatis mutandis  apply to the members of the
advisory committees.
(6) Each advisory committee shall keep minutes of all its
meetings and shall forward copies of such minutes to the Authority.
The provisions of article 8 shall  mutatis mutandis  apply to the
committee and its members.
Licensing, etc., of 
activities.
26. (1) Save as may otherwise be prescribed, no person shall
carry out any activity or operation, or be engaged in such activity
or operation, relating to energy, water and mineral resources unless
such person is in possession of a licence, permit or other
authorisation of the Authority under this Act:
Cap. 156.
Provided that in relation to the exploration and production
of hydrocarbons, power to exercise the issue of a licence under this
Act shall be subject to an authorisation of the Prime Minister in
terms of the Petroleum (Production) Act.
(2) Any person who carries out any such activity without a
licence or who acts in breach of any condition of such licence, shall
be guilty of an offence and shall be liable on conviction to a fine
( multa ) not exceeding fifty thousand liri or to imprisonment for a
term not exceeding two years, or to both such fine and
imprisonment.
Cap. 12. (3) Saving the provisions of article 469A of the Code of
MALTA RESOURCES AUTHORITY ġ CAP. 423.  17
Organization and Civil Procedure no appeal shall lie from any
decision of the Authority under subarticle (1) of this article.
(4) The provisions of this article shall not apply to any cistern
or well in any dwelling house, which is required to be constructed
under any law, and the provisions of this article shall not be
deemed to require any licence or permit for the construction and
maintenance of any such cistern or well, so however this
construction shall not preclude the Authority from exercising any
of its functions and powers under this Act for the purpose of
ensuring that water is not wasted or misused and that no damage is
caused to the aquifer or elsewhere.
Persons deemed 
public officers.
27. The members of the Authority, the members of the
advisory committees and all officers and employees of the
Authority shall be deemed to be public officers within the meaning
and for the purposes of the Criminal Code.
Power to make 
regulations.
28. (1) The Minister may, after consultation with the
Authority make regulations in respect of any of the functions of the
Authority or for the better carrying out of any of the provisions of
this Act.
(2) Without prejudice to the generality of the aforesaid power
such regulations may, in particular provide - 
( a ) for the grant, renewal, transfer, suspension and
cancellation of licences, permits or other
authorisations in respect of any operation or activity
regulated by or under this Act;
( b ) for the manner in which applications for the grant,
renewal or transfer of licences, permits or other
authorisations or of any one or more classes thereof is
to be made; for the contents of such application; for
the manner in which such licences are to be granted,
renewed or transferred; the form in which such
licences are to be issued, the contents thereof, the fees
payable therefor or in connection therewith and the
manner in which renewals or transfers thereof are to be
indicated;
( c ) for establishing the duration of the validity of licences,
permits or other authorisations or of any one or more
classes thereof;
( d ) for the regulation of price structures for energy, water
and mineral resources and where appropriate for the
determination of tariffs and charges for the supply,
storage and distribution of electricity and any of the
said resources and for the use of grids and other
systems used in the transmission and distribution of
any of the said resources;
( e ) for securing adequate reserves, where applicable, and
for securing the adequate provision of the resources
regulated by or under this Act;
( f ) for the compulsory acquisition and distribution of any
such resources during periods of scarcity;
18 ġ CAP. 423. MALTA RESOURCES AUTHORITY
( g ) for the minimum standards to be adopted in, and any
other matter related to the conservation, acquisition,
supply, sale, storage, generation, distribution,
transmission, export, treatment, re-use or disposal and
any other practices, operations and activities,
regulated by or under this Act including the means by
which such resources are to be protected, acquired,
supplied, sold, stored, generated, distributed,
transmitted, exported, treated, re-used or disposed of;
( h ) to secure and regulate the conservation, augmentation,
operation and use of sources of energy, water and
mineral resources as well as the promotion and the
harnessing, generation and use of all forms of energy;
( i ) for ensuring fair competition in all practices,
operations and activities related to energy, water and
mineral resources;
( j ) for the undertaking of studies, research or
investigation on any matter relating to the resources
regulated by or under this Act and the provision of
information, the issue of guidelines to the public and
to commercial entities on matters relating to the said
resources;
( k ) to give effect to any international obligation entered
into by Government in relation to the resources
regulated by or under this Act;
( l ) for regulating the services that may be required in
relation to energy, water or mineral resources and the
time, manner, place and condition in which or under
which such services are to be provided;
( m ) for the regulation of the qualifications to be possessed
by persons who are employed in any activity regulated
by or under this Act;
( n ) for matters concerning the construction, condition and
maintenance of any facilities, apparatus and other
equipment utilised in the provision of any of the said
resources or services related thereto;
( o ) for prescribing the information to be retained by
licensees under this Act and the provision of statistical
data by such licensees;
( p ) for the making of any deposit or the giving of any
guarantee to ensure the performance of any obligation
by any person imposed as a condition of any permit,
authorisation or licence under this Act;
( q ) for prescribing that any person who acts in
contravention of any regulation made under this article
shall be guilty of an offence and for establishing the
penalties to which such person may be liable:
Provided that no such penalty shall be greater
than a fine ( multa ) not exceeding ten thousand liri or
imprisonment for a term not exceeding six months or
MALTA RESOURCES AUTHORITY ġ CAP. 423.  19
to both such fine and imprisonment;
( r ) for prescribing the practices to be adopted with regards
to safety and the protection of the environment in
relation to any activity by or under this Act;
(s) regarding a contingency plan in the event of an
international crisis in the sources of energy;
( t ) for prescribing anything which may be or is required
to be prescribed by this Act.
Powers of service 
provider.
29. (1) The execution of all works in connection with any
services provided under a licence issued under this Act shall be
carried out in such manner as may be agreed between the service
provider and the person receiving such services.
(2) The provider of any service for which a licence is required
under this Act and any employee duly authorised by him may at all
reasonable times enter any premises for the purpose of -
( a ) ascertaining that the services are being used in
accordance with the conditions under which they are
supplied;
( b ) maintaining or repairing any equipment supplied by
him in relation to such service;
( c ) ascertaining such data or information that may be
required in connection with the provision of such
service:
Provided that any such service provider shall
repair all damage caused by such entry.
(3) Any person who obstructs or impedes any person in the
exercise of his duties under subarticle (1) hereof shall be guilty of
an offence against this Act.
Power of entry for 
ascertaining 
conditions of 
installations, etc.
30. (1) Any officer or employee of the Authority so authorised
may, at all reasonable times, enter any premises in which any
collecting area, spring, well, borehole, watercourse, gallery,
cistern, conduit or any water, sewer, waste water, fittings or
service, apparatus, installation, instrument, plant or accessories are,
have been or are to be constructed, laid or installed for the
manufacture, desalination, treatment, polishing, provision, storage
and distribution of water or for the purposes of providing drainage
to the sewers or in which any activity requiring a licence under this
Act is required for the purposes of -
( a ) inspecting any of the items or activities mentioned
above and ascertaining whether there be any waste of
resources, or other thing 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;
( b ) ascertaining such data or information as the Authority
may require in connection with its functions under this
Act.
(2) Any person who obstructs or impedes any officer or
employee of the Authority in the exercise of his duties under this
20 ġ CAP. 423. MALTA RESOURCES AUTHORITY
Act shall be guilty of an offence against this Act.
Penalties for 
offences against 
this Act.
31. The Minister may, after consultation with the Authority,
make regulations not inconsistent with this Act prescribing where a
penalty is not otherwise prescribed under this Act, the penalties
being not more than a fine ( multa ) of ten thousand liri or
imprisonment for a term of not more than six months or to both
such fine and imprisonment to which a person committing an
offence against this Act may be liable on conviction.
Resources Appeals 
Board.
32. (1) There shall be a Resources Appeals Board, consisting
of three members, of whom one, who shall be the chairperson, shall
be a person who has practised as an advocate for not less than seven
years.
(2) The members of the Board shall be appointed by the
Minister for a period indicated in their letter of appointment, and
may be so appointed for further periods as the Minister may deem
appropriate.
Cap. 12.
(3) A member of the Board may be challenged or abstain for
any of the reasons for which a judge may be challenged or abstain
in accordance with Article 734 of the Code of Organisation and
Civil Procedure. In any such case the Minister shall appoint a
person, having the qualifications of the member challenged or
abstaining, to sit as a member of the Board in substitution of the
said member.
(4) A member of the House of Representatives or of a Local
Council shall be disqualified from being appointed or continuing to
be a member of the Board for so long as he holds that office.
(5) The Minister shall also designate a person to serve as
secretary to the Board.
Appeals. 33. (1) An appeal shall lie to the Resources Appeals Board on
any decision of the Authority in accordance with the provisions of
this Act and any regulations made thereunder, and the right to
appeal shall be competent to any person aggrieved by such
decision.
(2) An appeal to the Board may be filed on any of the
following grounds:
( a ) that a material error as to the facts has been made;
( b ) that there was a material procedural error;
( c ) that an error of law has been made;
( d ) that there was some material illegality, including
unreasonableness or lack of proportionality.
(3) The Board shall give reasons for its decision and shall
cause such decisions to be made public omitting, if it deems it
appropriate for reasons of confidentiality, the names of the persons
involved.
(4) In determining an appeal under this article the Board may:
( a ) dismiss the appeal;
( b ) annul the decision, 
MALTA RESOURCES AUTHORITY ġ CAP. 423.  21
and where the Board annuls the decision it may refer the matter to
the Authority with a direction to reconsider it and reach a decision
in accordance with the findings of the Board.
(5) The effect of a decision to which an appeal relates shall
not, except where the Board or the Court of Appeal, as the case
may be, so orders, be suspended in consequence of the bringing of
the appeal.
Powers and 
procedure of the 
Board.
34. (1) The Board shall be competent to hear and decide any
appeal made to it in accordance with the provisions of this Act and
any regulations made thereunder; and subject to article 36, the
decisions of the Board shall be final and binding.
(2) For the exercise of its functions, the Board may summon
any person to appear before it and give evidence and produce
documents; and the chairperson shall have the power to administer
the oath. The Board may also appoint experts to advice the Board
on any technical issue that may be relevant to its decision.
(3) For the purposes aforesaid the Board shall have the same
powers as are competent to the First Hall, Civil Court according to
law.
(4) The procedure to be followed before the Board, the time
within which and the manner in which an appeal to the Board is to
be made shall be such as may be prescribed; and subject thereto,
and to any other applicable provision to this Act, the Board may
establish its own procedure.
Appeal to the 
Court of Appeal.
Cap. 12.
35. Any party to an appeal to the Board who feels aggrieved by
a decision of the Board, or the Authority if it feels dissatisfied with
any such decision, may on a question of law appeal to the Court of
Appeal as constituted in accordance with article 41(6) of the Code
of Organisation and Civil Procedure by means of an application
filed in the registry of that court, in the case of an appeal by the
Authority within thirty days from the date of the Board’s decision,
and in the case of any person within thirty days from the date on
which that decision has been notified to him.
Savings.
provisions of the enactments listed in the Second Schedule shall
continue in force and any such subsidiary legislation shall have
effect as if made under this Act and may be amended, substituted or
revoked accordingly.
(2) Any licence, permission, authority or order granted or
made under any of the provisions of the enactments listed in the
Second Schedule, and still in force immediately before the coming
into force of this Act, shall continue in force thereafter as if it were
a licence, permission, authority or order granted or made under a
corresponding provision of this Act, and any such licence,
permission, authority or order as aforesaid shall be treated and
dealt with accordingly.
Cap. 355.*  of the Water
Services Corporation Act shall, until regulations are prescribed
*Deleted by this Act.
22 ġ CAP. 423. MALTA RESOURCES AUTHORITY
under article 31, be deemed to be the penalties prescribed under
this said article 31.
MALTA RESOURCES AUTHORITY ġ CAP. 423.  23
FIRST SCHEDULE
(Article 5(2))
Directorates
Subject to the Minister’s powers under article 5(2), there shall be the following
Directorates:
1. Directorate for Energy Resources Regulation with responsibility for the
regulation of all practices, relating to the generation, transmission, distribution,
supply and use of energy, whatever the sources of any such energy.
2. Directorate for Water Resources Regulation with responsibility for the
regulation of all practices relating to water resources, drainage and sewage.
3. Directorate for Minerals Resources Regulation with responsibility for the
regulation of all practices relating to mineral resources.
SECOND SCHEDULE
(Article 36)
Petroleum (Importation, Storage and Sale) Ordinance, Cap. 25.
Enemalta Act, Cap. 272.
Water Services Corporation Act, Cap. 355.
Bunkering (Fuels) Tax Act, Cap. 381.
