Cap. 423 Art. 2Interpretation.

In this Act, unless the context otherwise requires -

"advisory committee" or "committee" means an advisory committee established in accordance with article 25;

"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 relating to resources and in relation to services and service providers means a permit, licence, warrant, appointment, concession or decision concerning access to a service activity or the exercise thereof relating to resources;

"authorisation scheme" means any authorisation or other procedure of an administrative nature, under which a provider or recipient is in effect required to take steps in order to commence the activity in question and obtain from a competent authority authorisation concerning access to a service activity or the exercise thereof; "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; "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;

* This Act has been repealed by Act XXV of 2015 except for the provisions reproduced hereunder, which are to remain in force until repealed with effect from such date as may be established by notice in the Gazette by the Minister responsible for resources - see article 43 of Act XXV of 2015. † This Act has been repealed by Act XVI of 2024. Vide Regulation 42. ‡ Still in force as applicable in terms of article 43(2) of Act XXV of 2015. "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); "decision" includes any determination, measure, order, requirement or specification however so described made by the Authority and the word "decision" shall be construed accordingly; "directive" means a directive issued by the Authority in accordance with the procedures as prescribed by regulations made under this Act;

"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; "establishment" means the actual pursuit of an economic activity as referred to in Article 43 of the Treaty, by a service provider for an indefinite period and through a stable infrastructure from where the business of providing services is actually carried out; "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 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 31st December:

Provided that the financial year which commenced on the 1st October, 2007 shall be for a period of fifteen months and shall terminate on the 31st December, 2008; "gas" means all hydrocarbons in gaseous form whether in their natural state or obtained from petroleum or produced chemically; "Internal Market Information System” means the information system through which competent authorities exchange information in fulfilment of their obligations under Chapter VI of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market; "Member State” means a member state of the European Economic Area; "Member State of establishment" means the Member State in whose territory the provider of the service concerned is established; "Member State where the service is provided" means the Member State where the service is supplied by a provider established in another Member State; "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;

"overriding reasons relating to the public interest" means the reasons recognised as such in the case law of the European Court of Justice in relation to Articles 43 and 49 of the Treaty, as they may continue to evolve and including the following grounds:

(a) public policy, public security, public safety and public health; provided that these grounds shall be interpreted within the meaning of Article 46 and Article 55 of the Treaty;

(b) the maintenance of order in society;

(c) social policy objectives;

(d) the protection of the recipients of services;

(e) consumer protection;

(f) the prevention of fraud;

(g) the prevention of unfair competition;

(h) the protection of the environment; "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; "recipient" means any natural person who is a national of a Member State or who benefits from rights conferred upon him by Community acts, or any legal person as referred to in Article 48 of the Treaty and established in a Member State, who, for professional or non-professional purposes, uses, or wishes to use, a service; "resources" means the resources relating to water, energy and mineral resources regulated by or under this Act; "service” means any self-employed activity performed for an economic consideration as referred to in Article 50 of the Treaty; "services of a general economic interest" means those services declared by the Minister responsible for Competition as services of general economic interest in terms of article 30(3) of the Competition Act; "service provider" means any natural person who is a national of a Member State, or any legal person as referred to in Article 48 of the Treaty and established in a Member State, who offers or provides a service;

"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; "Treaty" means the Treaty establishing the European Community; "Tribunal" means the Administrative Review Tribunal established by article 5 of the Administrative Justice Act; "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.